December 21, 2007 Revised Immigration Form I-9

Posted at 20:01h in Client Memos by
0 Likes

 

KEEPING YOU INFORMED…

We would like to make you aware that the United States Citizenship and Immigration Services (“USCIS”) has announced that a revised Employment Eligibility Verification Form (“Form 1-9”) must now be used by employers in the situations described below, for each employee hired after November 6, 1986.

One revision to the Form 1-9 is the removal of the following from List A (Documents that Establish Identity and Employment Eligibility) of the List of Acceptable Documents:

1.   Certificate of U.S. Citizenship (Form N-560 or N-570)

2.   Certificate of Naturalization (Form N-550 or N-570)

3.   Alien Registration Receipt Card (Form 1-151)

4.   Unexpired Reentry Permit (Form 1-327) 5. Unexpired Refugee Travel Document (Form 1-571)

The following document was added to List A (Documents that Establish Identity and Employment Eligibility) of the List of Acceptable Documents:

1.   Unexpired Employment Authorization Document (Form 1-766)

In addition, an employee is no longer required to provide a Social Security Number in Section 1 of the Form 1-9, unless his or her employer participates in the USCIS Electronic Employment Eligibility Verification Program (“E-Verify”). Also, the section on Photocopying and Retaining Form 1-9 now includes information regarding electronic signing and retention.

As of November 7,2007, the Form 1-9 with a revision date of June 5,2007 is the only version of the form that is valid for use. All previous versions are no longer valid. Employers must use the revised Form 1-9 for employees hired on or after November 7, 2007. Employers need only complete the revised Form 1-9 for new employees and for existing employees who require re-verification. However, the Department of Homeland Security will not seek penalties against an employer for using a previous version of the Form 1-9 on or before December 26,2007.

The revised Form 1-9 (Rev. 06105107)N (in English or Spanish) is available at http://www.uscis.gov/i-9. The revised Handbook for Employers, Instructions for Completing the Form 1-9 (Rev. 11/01/07), is available at http://www.uscis.gov/files/nativedocuments/m-274.pdf. These documents may also be ordered by calling the USCIS at 1-800-870-3676. The source for the information discussed in this memorandum can he found in the USCIS’ News Release, available at http://www.uscis.govifiles/pressrelease/FormI9Update110707.pdf, the accompanying USCIS Fact Sheet, available at http://www.uscis.gov/fileslpressrelease/FormI9FSl10707.pdf.

Please do not hesitate to contact us should you have any questions about this memorandum.

THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.

© Lamb & Barnosky, LLP, 2007