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New I-9 Form Issued by U.S. Government

New I-9 Form Issued by U.S. Government


The Inside Perspective
(November 2007)

The U.S. Citizenship & Immigration Services (USCIS) has issued a new version of the I-9 Employment Eligibility Verification Form.  As of December 26, 2007, all US employers will be required to use only the new I-9 form.  Employers need only use it on a going-forward basis, and do not need to complete new forms for current workers.

The I-9 Form has been a workplace staple since it was created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1986.  The key change to the form is the removal of certain "List A" documents (items employees may use to prove both identity and work authorization).  The following documents will no longer be accepted:

  • Certificate of U.S. Citizenship (Form N-560 or N-561)
  • Certificate of Naturalization (Form N-550 or N-570)
  • Alien Registration Receipt Card (Form I-151)
  • Unexpired Reentry Permit (Form I-327)
  • Unexpired Refugee Travel Document (Form I-571)

The following List A documents remain acceptable, but have been slightly modified:

  • All acceptable Employment Authorization Documents (EADs) are now in a single List A item and the newest EAD version has been added (Forms I-688, I-688A, I 688B, I-766)
  • Unexpired Foreign Passport with Attached Form I-94 for nonimmigrant aliens authorized to work for a specific employer (the employer completing the I-9)

The remaining List A document options are unchanged, and there were no changes to what documents qualify as acceptable List B or List C documents.

The new I-9 instructions specifically state that the employee is NOT required to provide a Social Security Number in Section 1, UNLESS the employer participates in the E-Verify program.  Therefore, it is not a violation for that section to be left blank by the employee.

TIP:  The new I-9 Form and the updated "Handbook for Employers, Instructions for Completing the Form I-9" are available to employers online at www.uscis.gov (near the bottom of the list of forms) or by calling USCIS at 800-375-5283.  They are free!

Authors
Laura Deddish Burton
T (336) 378-5566
F (336) 378-5400
Associated Attorneys
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