On November 26, 2007, the U.S. Citizenship and Immigration Services (USCIS) published a Notice in the Federal Register announcing December 26, 2007 as the date by which all U.S. employers must begin using the revised Form I-9, Employment Eligibility Verification. As previously reported by Hunton & Williams, the revised form was released to the public on November 7, 2007, but no date was given regarding when the new form will actually be required. Please see our previous Client Alert with information on locating the revised Form I-9 and Employer Handbook here.

As a reminder, the revised Form I-9 reflects changes to the list of acceptable documents that were mandated by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Form I-9 must be completed by all U.S. employers each time a new employee is hired. The form must be retained by the employer for a period of three years from the date of hire, or one year from the date of termination, whichever is longer. The form must be made available, upon request, for inspection by authorized government agencies (i.e., Immigration and Customs Enforcement, Department of Labor, etc.). In 2008, USCIS intends to release a new regulation and a significantly revised Form I-9.