Employers Required to Use New Form I-9
By: INGRID N. CULP
November 2007
On November 7, 2007, the U.S. Citizenship and Immigration Services (USCIS) issued a new Form I-9 document for use by employers. All employers are required to complete a Form I-9 for each employee hired in the United States. The Form I-9 establishes the employee’s identity and authorization to work in the United States, and must be completed within three days of hire. The new Form I-9 has been revised to comply with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
The only change to the Form I-9 relates to the documents an employer may accept in connection with completing Section 2 of the Form I-9. Page 1 of the Form I-9 remains the same, with the exception of the date in the footer which now reads “Rev. 06/05/07.” With regard to the new “List of Acceptable Documents,” five documents that were once acceptable have been removed from List A, and one new document has been added to List A.
The USCIS also issued updated Instructions to the Form I-9 and an updated “Handbook for Employers, Instructions for Completing the Form I-9.” The Instructions now provide that an employer cannot require an employee to provide his/her social security number in Section 1 of the Form I-9, unless the employer participates in E-Verify. Additionally, the new Instructions provide information on electronically signing and retaining I-9 forms. The 47-page Handbook for Employers (revised 11/01/07) is quite detailed and answers many frequently asked questions regarding completing I-9 forms.
According to the USCIS, employers are required to use the new Form I-9 for all individuals hired on or after November 7, 2007. Employers will not, however, be subject to penalties for using an outdated Form I-9 until 30 days after the Department of Homeland Security publishes a Notice in the Federal Register. Because it is unknown when such Notice will be published, employers should use the new Form I-9 (and comply with the new List of Acceptable Documents) effective immediately. Employers need not complete a new Form I-9 for existing employees, but must use the updated Form I-9 with existing employees if re-verification is required.
The new Form I-9 with Instructions, and updated Handbook for Employers, are available free of charge online at www.uscis.gov. Before completing a Form I-9, employers should be sure that they are using the new form marked “Rev. 06/05/07” in the lower right-hand corner.
If you have any questions about Form I-9 compliance, please contact an attorney in Fredrikson & Byron’s Employment & Labor Law Group.