December 07, 2007

New Employment Eligibility Verification I-9 Form Effective Dec. 26, 2007

On November 7, 2007, the USCIS announced the availability of a revised I-9 Form. As of December 26, 2007, employers are required to use the revised form to verify employees’ eligibility to work in the United States. Employers who fail to use the revised I-9 Form starting December 26th will be subject to penalties and fines.

The new I-9 Form can be found at http://www.uscis.gov/files/form/i-9.pdf

The official handbook for employers, which includes instructions for completing the new I-9 Form can be found at:
http://www.uscis.gov/files/nativedocuments/m-274.pdf

The acceptable documents for employment verification have changed. Employers can accept one of the following documents to establish identity and employment eligibility: (1) U.S. passport (unexpired or expired), (2) permanent resident card or alien registration receipt card (green card), (3) unexpired foreign passport with a temporary I-551 stamp (which is a passport stamp for approved U.S. legal permanent residents), (4) an unexpired employment authorization document (EAD) with a photograph, or (5) an unexpired foreign passport with an unexpired arrival-departure record, Form I-94, and contain an endorsement of the alien’s nonimmigrant status that is authorized to work.

Employers may also accept one document that establishes identity and one document that establishes employment eligibility. Documents that establish identity include: (1) drivers’ license or ID card issued by a state or U.S. territory, (2) federal, state or local government agency ID card, (3) school ID with a photograph, (4) voter registration card, (5) U.S. military card or draft record, (6) Military dependent’s ID card, (7) U.S. Coast Guard card, (8) Native American tribal document, and (9) Canadian driver’s license. Documents that establish employment eligibility include: (1) U.S. Social Security card, (2) certification of birth abroad issued by the Department of State, (3) original or certified copy of U.S. birth certificate, (4) Native American tribal document, (5) U.S. Citizen ID card, (6) Resident Citizen ID card, and (7) unexpired employment authorization issued by the DHS.

Please note that the lists of acceptable documents are not full and complete. The I-9 Form and Handbook should be referred to for details about the new I-9 requirements. Please feel free to contact us with any questions you may have about implementing the new I-9 form and procedures.

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