Volume 8, Issue 6
April 1, 2009
On April 3, 2009, employers must begin using the revised Form I-9 discussed in Volume 8, Issue 2 of the KZA Employer Report.
The revised form is intended to improve the security of the employment authorization verification process. Among the more significant changes are: 1) expired documents (i.e., driver's licenses, U.S. passports) and documents no longer issued by the government (i.e., Temporary Resident Cards) can no longer be presented to verify identity and work authorization; 2) citizen and non-citizen nationals will be listed as separate categories in Section 1 of the form (non-citizen nationals of the U.S. include persons born in American Samoa, some former citizens of the former Trust Territory of the Pacific Islands, and some children of non-citizen nationals born abroad); and 3) the new Form I-9 adds new acceptable documents to "List-A" (i.e., U.S. Passport Card).
As with prior changes to the I-9 Form, current employees who do not need to re-verify their employment authorization are not required to complete a new I-9 Form. The new form should be used, therefore, only for new hires, rehires who completed a prior version of the I-9 Form, and those current employees who are otherwise subject to re-verification.
Employers may incur fines and penalties for failing to use the revised Form I-9 on or after April 3, 2009. Until April 3, employers must continue to use the edition labeled "REV. 06/05/07."
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.