I-9 Update

On December 12, 2008, U.S. Citizenship and Immigration Services (USCIS) announced an interim final rule to streamline the I-9 process (Employment Eligibility Verification form).The following is a short summary of the changes to the I-9:

• Expired documents are no longer acceptable
• List A—Added passports for citizens of the Federated States of Micronesia and the Republic of the Marshall Islands if admitted to the United States under the Compacts of Free Association
• List A—Elimination of Form I-688, I-688A and I-688B
• Section 1—References four attestation boxes an employee can choose from:
• U.S. Citizen
• U.S. Noncitizen National
• Lawful Permanent Resident
• Alien Authorized to Work

Employers need to keep an eye out for the new I-9 which should go into effect on February 2, this year.

Once the newly revised I-9 is published, it is recommended that only the new form be used. Using an old form may result in a civil fine for a technical violation. Employers should destroy previous versions of the I-9 and use only the newly issued one. Remember, the new one will have an extra box in Section 1, so it will be obvious which I-9 is new or old, and only unexpired documents will be accepted.

Additionally, employers should also download the Employee Handbook M-274, which provides a step-by-step guide on completing the I-9. Employers can visit www.uscis.gov and click on “Forms.”