Employers Must Begin Using Another New I-9 Form Beginning on Monday, February 2, 2009.

NOTICE: This information was superceded on January 30, 2009. See posting on February 2, 2009.

On December 11, 2008, the Citizenship and Immigration Service (CIS) announced that it had submitted to the Federal Register an interim final rule which would streamline the I-9 process and yet again revised the I-9 form. According to the CIS, “[t]he interim final rule narrows the list of acceptable identity documents and further specifies that expired documents are not considered acceptable forms of identification. An expansive document list makes it more difficult for employers to verify valid and acceptable forms and single out false documents compromising the effectiveness and security of the Form I-9 process. The changes included in the interim final rule will significantly improve the security of the employment eligibility verification process.” However, it has taken until late January for the CIS to finally place the new I-9 form on its website for employers to download and begin using next week.

In particular, the new “rule eliminates Forms I-688, I-688A, and I-688B (Temporary Resident Card and older versions of the Employment Authorization Card/Document) from List A. USCIS no longer issues these cards, and all that were in circulation have expired. The rule also adds to List A of the Form I-9 foreign passports containing specially-marked machine-readable visas and documentation for certain citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI). The rule makes other, technical changes to update the list of acceptable documents. The revised Form I-9 includes additional changes, such as revisions to the employee attestation section, and the addition of the new U.S. Passport Card to List A. “

Insomniacs can review the CIS press release in full at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9ad43f347a62e110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD. The pending interim final rule can be reviewed in full at http://edocket.access.gpo.gov/2008/E8-29874.htm. The new I-9 form to be used only after February 2, 2009 can be downloaded from
http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.