New Form I-9 Required for Use February 2, 2009
U.S. Citizenship and Immigration Services submitted an interim rule in late December 2008 in order to further streamline the employment eligibility verification process for employers. Among the most critical updates to the process are revisions to the Form I-9 that include modifications of the available List A documents and a requirement the all documents presented in the employment eligibility verification process must now be unexpired. These new requirements and the new Form I-9 are effective February 2, 2009.
Documents for completing the Form I-9 Employment Eligibility Verification process are broken into three separate categories: List A documents that establish both identity and employment eligibility; List B documents that establish identity only; and List C documents that verify only employment eligibility. Removed from the list of acceptable List A documents are Forms I-688, I-688A and I-688B. These are the Temporary Resident Card and outdated versions of the Employment Authorization Card (“EAD’). Added to List A are foreign passports containing certain machine-readable immigrant visas. In addition to these edits of available List A documents, there is also a change to the employee attestation of Section 1 of the Form. USCIS has added a check box for “a noncitizen national of the United States” to the options available to foreign nationals in making their selection. The functionality of accepting either a List A document or a combination of List B and List C documents remains unchanged. There are also no substantive changes to the timing requirements that must be observed in executing the revised Form I-9.
Employers need not revisit the completed Forms I-9 for existing employees. However, the new version of the Form I-9 (Rev. 02/02/09) must be used for all new employees hired after February 2, 2009 and any reverifications that occur after that date. A copy of the form can be downloaded at http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf. A revised Handbook For Employers is also being prepared. Should you have any questions regarding this revised Form I-9 or these new requirements please contact a member of the Frost Brown Todd Immigration Group.
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Joseph J. Dehner Joe Dehner concentrates his practice on multinational business and securities disputes. He counsels a wide variety of companies, domestic and foreign, on issues confronting global business, including transnational investment, mergers and acquisitions, joint ventures, customs and trade issues, international business structures, distribution and agency agreements and the resolution of international disputes.