New Form I-9 Must Be Used as of April 3, 2009

All employers should immediately be aware of a new form required for employees hired on and after April 3, 2009.  You can download the new form directly from the USCIS website by clicking here.

The new form has been in the works for some time. On January 29, 2009, the United States Citizenship and Immigration Services (USCIS) announced that the required use of the new
Form I-9, originally scheduled for release on February 2, 2009, would be delayed until April 3, 2009.

As the prior form and the new form appear almost identical, it is important to note the revision date to ensure that the proper form is being utilized beginning April 3, 2009. The new form can be identified by the “02/02/09” revision date at the lower right hand corner and the “06/30/09” expiration date at the top. In contrast, the prior form had set forth a “06/05/07” revision date at the lower right hand corner and a “06/30/09” expiration date at the top. As of April 3, 2009 the old Form I-9 will no longer be valid and employers who continue to use the old form may be subject to penalties.

What Has Changed With the New Form I-9

There are several changes that appear in the new Form I-9. The most significant are:

• All documents presented during the Form I-9 completion process must be unexpired.
• The following documents have been removed from the list of acceptable “List A” documents (which evidence both identity and employment authorization): I-688 (Temporary Resident Card); I-688A (Employment Authorization Card); and, I-688B (Employment Authorization Card).
• The following documents have been added as acceptable “List A” documents: a temporary
• I-551 printed notation on a machine-readable immigrant visa in addition to the foreign passport with the temporary I-551 stamp; and, a passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with a valid 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.

Employers Should Use the New Form I-9 When Reverifying Current Employees

In addition to new employees hired on or after April 3, 2009, the new form must be used for reverification of employees hired before then. A current employee must be reverified whenever their employment authorization has expired their name has changed, or in certain rehiring situations. Whenever reverifying, employers should ensure that they use the new Form I-9 with its new List of Acceptable Documents. An employer may no longer reverify the employee by completing Section 3 (Updating and Reverification) on a previous version of the Form I-9 or by accepting documents that are no longer included in the new Form I-9.

Except when required for reverification, employees who were hired prior to April 3, 2009 do not need to resubmit new documentation to their employers, even if the documentation they previously submitted is no longer acceptable under the new Form I-9.

Employer Action Items

Archer Norris recommends that employers review their supply of Form I-9’s to ensure that they are current, and that employers destroy all copies of prior editions. If you have any questions about the effect of the changes on your business, or would like assistance in completing the Form I-9, please contact your Archer Norris employment attorney.

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