New Form I-9 Announced for Employee Eligibility Verification
On Nov. 7, the U.S. Citizenship and Immigration Services (USCIS) announced that it has released a revised and updated version of the Employment Eligibility Verification Form (Form I-9) that all employers are required to complete to verify the identify and work authorization of each newly hired employee.
The revision reduces the number of approved verification documents that newly hired employees can submit to employers.
Specifically, these five documents have been removed from List A, and will no longer be acceptable proof of identify and employment eligibility:
- Certificate of U.S. Citizenship (Form N-560 or N-570)
- Certificate of Naturalization (Form N-550 or N-570)
- Alien Registration Receipt Card (Form I-151)
- Unexpired Reentry Permit (Form I-327)
- Unexpired Refugee Travel Document (Form I-571)
USCIS says the forms were removed because “they lack features to help deter counterfeiting, tampering and fraud.”
The latest version of the Employment Authorization Document (Form I-766) has been added to List A.
The following List A documents are still acceptable to verify identity and work authorization:
- A U.S. passport (expired or unexpired)
- A Permanent Resident Card (Form I-551)
- An unexpired foreign passport with a temporary I-551 stamp
- An unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A or I-688B)
- An unexpired foreign passport with an unexpired Arrival-Departure Record (Form I-94) for non-immigrant aliens authorized to work for a specific employer.
There are no changes in the documents permitted under List B or List C in the new Form I-9.
Also revised, the instructions for Section 1 on Social Security numbers now state that an employee is not obligated to provide the Social Security number in Section 1 of the I-9 form, unless the employer participates in the USCIS Electronic Employment Eligibility Verification Program (E-Verify).
Although the new I-9 form will not become effective until the notice is published in the Federal Register, a Nov. 7 press statement from the USCIS urges employers to “start using the revised Form I-9 immediately.”
Employers are only required to complete the new I-9 form for new hires, and not for existing employees. However, employers must use the 2007 I-9 form when their employees require re-verification.
Employers who continue to use the outdated edition of the I-9 form once the new version is published in the Federal Register will be subject to fines and penalties.
Both the new I-9 form and the revised “Handbook for Employers, Instructions for Completing the Form I-9” are available at www.uscis.gov.
Employers without access to a computer can order USCIS forms by calling 800-870-3676.
Individuals can also request USCIS forms and information on immigration laws, regulations and procedures by calling the National Customer Service Center at 800-375-5283.
For more information, click here, e-mail David Crump at NAHB, or call him at 800-368-5242 x8491.