ImmigrationALERT

published by Hammond Law Group, LLC

April 2, 2009

 

April 3rd Changes to I-9

 

Beginning April 3, 2009 employers must use the new From I-9, Employment Verification Form, when verifying and reverifying employment eligibility for all employees. The new form has a revision date of 2/2/09 on the bottom right hand corner of the form.  The new Form I-9 is available in English and Spanish. However, only employers in Puerto Rico may have employees complete the Spanish version for their records. Employers in the 50 states and other U.S. territories may use the Spanish version as a translation guide for Spanish-speaking employees, but must complete the English version and keep it in their records.

In addition to the new form, employers must follow the new rules which narrows the list of acceptable documents that can be used for identity and prohibits employers from accepting expired documents as proof of identity. 

Specifically, the new rule:

 

·   Requires that all documents presented during the verification process be unexpired;

·   Eliminates List A identity and employment authorization documentation Forms I-688, I-688A, and I-688B (Temporary Resident Card and outdated Employment Authorization Cards);

·   Adds foreign passports containing certain machine-readable immigrant visas to List A;

·   Adds to List A as evidence of identity and employment authorization valid passports for citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI), along with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI ;

 

The new rule, which was originally scheduled to take effect on February 2, was delayed until April 3rd to allow the Obama Administration to consider the changes before implementation. 

The new I-9 form is available at www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf.

 

 

 

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