On November 7, 2007, U.S. Citizenship and Immigration Services (USCIS) issued a revised Form I-9. On November 23, 2007, the USCIS announced that all employers must transition to the revised Form I-9 Form no later than December 26, 2007. Employers who fail to use the revised I-9 Form after December 26, 2007, will be subject to applicable penalties.
Although the new I-9 form was released in November 2007, the revision date printed on the lower right corner of the new form states “(Rev 06/05/07)N.” Employers do not need to fill out the new form for existing employees, but will need to use it when re-verification is required.
Some of the documents that previously were acceptable under the old I-9 form are no longer acceptable under the new form. Specifically, the following documents are no longer acceptable for authorizing identity and employment eligibility:
- Certificate of U.S. Citizenship (Form N-560 or N-561)
- Certificate of Naturalization (Form N-550 or N-570)
- Alien Registration Receipt Card (I-151)
- Unexpired Reentry Permit (Form I-327)
- Unexpired Refugee Travel Document (Form I-571)
In addition, one document was added to List A as acceptable:
§ Unexpired Employment Authorization Document (I-766)
The instructions for the new I-9 form also note that employees are not required to provide their Social Security numbers, unless the employee is hired by an employer who participates in the USCIS Electronic Eligibility Verification Program (E-Verify).
For your convenience, we have attached to our website a copy of the English version of the new I-9 form, as well as the Spanish version. (You may also download these documents directly from USCIS at http://www.USCIS.gov.) The Spanish version of the I-9 form should serve merely as a reference for Spanish-speaking employers and employees in the 50 states, as the Spanish version can only be completed by employers and employees in Puerto Rico.
Be sure that the person in charge of reviewing the documents signs the I-9 form in the appropriate space for the employer at Section 2, as that apparently is the most missed item when audits are performed. To learn more about how to complete the I-9 form, you may wish to refer to the newly updated Handbook for Employers located athttp://www.uscis.gov/files/nativedocuments/m-274.pdf. You may also access current I-9 forms by clicking here.
If you have any questions regarding this new process or any employment issue, please do not hesitate to contact our employment law team at (503) 620-8900 or www.buckley-law.com.
In addition to providing litigation services to our clients, the attorneys at Buckley LeChevallier also provide expert legal advice and counseling in other areas of law, such as Real Estate, Business Services, Estate Planning, Family Law, and Employment Law.
