On June 21, 2005, the Department of Homeland Security (“DHS”) announced in a press release that it has issued an “updated” Form I-9 to eliminate outdated references to the former Immigration and Naturalization Service (“INS”).  Unfortunately, except for switching its name for that of the INS, no substantive changes were made.  Thus, the same outdated List of Acceptable I-9 documents remains part of the form and poses a continued trap for unwary employers.

A number of documents were removed from the List of Acceptable Documents in the late 1990s, but neither INS nor DHS has taken the time to update the form.  The following types of documents are no longer acceptable documents for establishing identity and work authorization eligibility: Certificate of U.S. Citizenship (List A #2); Certificate of Refugee Travel Document (List A #3), Unexpired Reentry Permit (List A #8) and Unexpired Refugee Travel Document (List A #9).  Form I-151 is no longer an acceptable List A document #5, but Form I-551 is still accepted.  Additionally, Form I-766 has been added as an accepted List A document.

DHS promises to introduce a new Form I-9 at some unspecified time in the future.  A copy of the “rebranded” Form I-9 is available at http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf.