The debut of a new I-9 form brings the opportunity to review some of the basics on handling the document, which has been around since the 1980s. The new form now conforms with regulations issued in 1997 (yes, you’re reading that correctly) and alters the list of documents employees may use to establish their eligibility to work in the United States.
The U.S. Citizenship and Immigration Services (USCIS) has provided a list of frequently asked questions, along with a 48-page handbook for employers, to ease the shift to the new form.
What changes are in the new form?
The main changes relate to the documents employees must provide — there’s no change in how Form I-9 is filled out. New employees still must give their identity, state that they’re eligible to work in the United States, and present supporting documents. They may either present one document from List A (establishing both identity and employment eligibility) or one document each from List B (identity) and List C (eligibility).
The employer then reviews the documents and certifies that they appear to be genuine and relate to the named employee and that to the best of its knowledge the employee is eligible for employment. The form is also used to recertify rehired workers and those whose initial eligibility documents may have expired and then been reissued.
The revised List A now contains five documents that may be used to establish both identity and eligibility:
- U.S. passport (unexpired or expired);
- Permanent Resident Card (Form I-551);
- Unexpired foreign passport with a temporary I-551 stamp;
- Unexpired foreign passport with an unexpired Arrival-Departure Record (Form I-94) for nonimmigrant aliens authorized to work for a specific employer; and
- Unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, or I-688B). This last listing has been added to List A as part of the I-9 revision.
The following five items no longer are on List A and may not be used because they lack sufficient features to help deter counterfeiting, tampering, and fraud: - 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); and
- Unexpired Refugee Travel Document (Form I-571).
In another change, employees don’t have to furnish their social security number if they don’t want to, unless their employer participates in the USCIS’ Electronic Employment Eligibility Verification Program (E-Verify). The instructions on photocopying and retaining Form I-9 now include information about electronically signing and retaining I-9 forms.
You need to complete the new version of Form I-9 only for new employees. You must use the revised Form I-9 when you reverify current employees. The form is available online at www.uscis.gov/files/form/I-9.pdf.
When to start using the new I-9
You should have begun using the new I-9 forms November 7, 2007 when they were issued. The new forms bear a revision date of June 5, 2007, found in the lower right corner and reading “(Rev. 06/05/07)N.” The USCIS, however, has given employers a break in the form of a 30-day phase-in period during which you won’t be penalized for using the old Form I-9. The grace period was to start upon notice in the Federal Register from the U.S. Department of Homeland Security (DHS). As of this writing, the DHS hasn’t given notice.
The new form is available in English and Spanish. Employers in Puerto Rico may use either version to verify employees. All other employers may use the Spanish version as a translation guide but must complete the English version and keep it in their records.
Additional help
The new I-9 form includes two pages of instructions. It also states at the top that it expires June 30, 2008, so there may be new forms in your future.
The instructions, for example, remind you that you can’t specify which documents you will accept from an employee and that you may face discrimination charges if you refuse to hire job candidates because their documents bear expiration dates.
You must make the instructions available to employees filling out the forms, and you may make preparers and translators available if employees can’t fill out the forms on their own.
A new 48-page Handbook for Employers: Instructions for Completing the Form I-9 is available at www.uscis.gov/files/nativedocuments/m-274.pdf. The handbook was revised November 1, 2007, and contains color pictures of sample documents from the I-9 form’s three lists of permissible documents. It also includes questions and answers on a host of topics. For more details, go to www.uscis.gov.