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New I-9 Form Effective April 3, 2009
U.S. law requires that every employer complete Form I-9, Employment Eligibility Verification ("I-9 Form"), for each new employee within three days of hire. At this time, the employee is required to present original documents that demonstrate both identity and authorization to work in the United States.
Effective April 3, 2009, all employers will need to complete the revised I-9 form for all new employees, as well as for re-verification of certain employees with temporary work authorization. The current edition of Form I-9, dated 06/05/2007, must continue to be used through April 2, 2009, but will no longer be valid for use on or after April 3, 2009. It should also be noted that the new form should not be completed for existing employees.
The revised Form I-9 reflects changes made to the list of documents acceptable for Form I-9 in accordance with the Department of Homeland Security's (DHS) recent interim final rule. The rule furthers DHS's ongoing effort to increase the security of the employment authorization verification process. The revised I-9 Form:
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Requires that all documents presented to the employer during the I-9 verification must be unexpired (note some documents such as a Social Security card have no expiration dates);
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Eliminates Temporary Resident Card (Form I-688), Employee Authorization Card (Form I-688A) and Employment Authorization Card (Form I-688B) from List A (the USCIS no longer issues these cards and all that were in circulation have expired); and
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Adds to List A as evidence of identity and employment authorization: (1) foreign passports containing the I-551 permanent residence notation printed on a machine-readable immigrant visa; (2) the new U.S. Passport Card; and (3) passports and certain other documents for citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.
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Makes technical updates.
The revised Form I-9 also includes additional changes, such as revisions to the employee attestation section, and the addition of the new U.S. Passport Card to List A.
Employers who continue to use the 06/05/2007 edition of Form I-9 on or after April 3, 2009 may be subject to civil money penalties. You may access and download the new I-9 form at www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf or by clicking here.
If you have any questions about the revised I-9 Form or any other immigration-related matter, please contact Jodi Arndt at (920) 437-0476 or jla@lcojlaw.com, or any other member of the Liebmann Conway Employment Law Team. |
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