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USCIS Issues Revised I-9 Form

Volume 6, Issue 8
November 20, 2007

On November 7, 2007, the U.S. Citizenship and Immigration Services (USCIS) issued a revised I-9 Form. While the use of the revised form will not become mandatory until a notice is published in the Federal Register, we encourage all employers to begin using the revised form now for all new employees. Employers do not need to complete a new I-9 Form for existing employees if an I-9 has already been completed.

The revised form provides a new list of acceptable documents in List A which can be used to establish identity and employment eligibility. Five documents were removed from the list because they lacked security features to deter counterfeiting, tampering and fraud. The following documents were removed:

1. Certificate of U.S. Citizenship (Form N-560 or N-570)

2. Certificate of Naturalization (Form N-550 or N-570)

3. Alien Registration Receipt Card (Form I-151)

4. Unexpired Reentry Permit (Form I-327)

5. Unexpired Refugee Travel Document (Form I-571)

One document was added to List A:

1. Employment Authorization Document (Form I-766).

Additionally, the provision of an employee's Social Security Number is now voluntary unless the employer participates in the E-Verify program, the Department of Homeland Security's Internet-based employment eligibility verification system. A Spanish version of the revised I-9 Form is available; however, employers may only use it as a translation guide for their Spanish-speaking employees. Except in Puerto Rico, an English version of the I-9 must be completed and maintained for all employees.

For a full explanation of the revisions and to obtain the new form, consult Handbook for Employers, Instructions for Completing the Form I-9.

Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.