April 2009: I-9 Form

Employment Eligibility Verification– NEW Form I-9

Download This Issue in .pdf Format

he NEW Form I-9 (which was originally scheduled to be implemented in February) must be used for all new hires and reverifications on or after April 3, 2009. A copy of the new form is attached. You can also download the current version of the form at www.uscis.gov/files/form/i-9.pdf and the new version of M-274, Handbook for Employers at www.uscis.gov/files/nativedocuments/m-274_3apr09.pdf . Changes include:

• An option for an individual to identify as a “noncitizen national” (generally someone born in certain U.S. territories or the child of such an individual born outside the U.S.)

• No expired documents can be used in completing the I-9. [However, documents which have an expiration date continue to require reverification only if the expiration results in loss of employment authorization. Thus, while an expired Permanent Resident Card cannot be used for completing the I-9 at the time of hire if that card expires while the employee is working the I-9 need not be updated because the employee continues to be authorized to work in the United States.]

• The new form must also be used for reverifications or updating (when an employment authorization expires or an employee is re-hired). However, the original I-9 must also be retained in accordance with the recordkeeping requirements.

• The new U.S. Passport Card is an acceptable List A document. Further information with regard to completing the I-9, acceptable documents, etc. can be found in M-274, Handbook for Employers.

Please do not hesitate to contact Employer’s Legal Advisor if you have any questions regarding the new Form I-9 and/or employment eligibility compliance.