News

New Form I-9 Rule Takes Effect May 16

A new final rule on verifying employment eligibility through the Form I-9 process has been adopted and is to take effect May 16.

Identical to an interim rule that has been in effect since April 3, 2009, the new rule makes changes regarding documents used to verify eligibility for employment in the United States. As with the interim rule, the final rule prohibits employers from accepting expired documents and revises the list of acceptable documents to remove outdated documents and make technical amendments. Also, documents applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands have been added.

The list of acceptable documents employees may present to employers is still divided into three sections: List A documents showing identity as well as employment authorization, List B documents showing identity only, and List C documents showing employment authorization only.

There are still two versions of the Form I-9 that employers may use — the current version (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) was updated on January 5 and is available for review at www.uscis.gov/files/form/m-274.pdf.

Learn more about how immigration laws affect employers with the Mastering HR: Immigration report

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Audio Conference  May 18 — New I-9 Hurdles for Employers: How to Keep Employee Files in Compliance