The U.S. Citizenship and Immigration Service (USCIS) has released the new I-9 Form on its website.  The new form should not be used until February 2, 2009, when regulations revising the list of acceptable employment verification documents go into effect.  Until February 2, employers should continue to use the June 5, 2007 version of the Form I-9.  Both versions of the I-9 Form may be downloaded from the USCIS website at http://www.uscis.gov/i-9.

The I-9 Form has been changed to reflect amendments to the list of acceptable documents.  The most notable change in the employment verification regulations is that no expired documents will be acceptable for employment verification.  In the past, an expired US passport was an acceptable document for proof of identity and US employment authorization. 

As noted above, the new regulations and form are not effective until February 2.  Employers should continue to use the June 5, 2007 version of Form I-9 and the list of acceptable documents until that date.  Employers are also not required to update or replace any I-9 Forms they completed prior to February 2, 2009; those Forms will continue to be valid.  However, if employers must reverify the employment authorization for any employee after February 2, the employer must use the new I-9 Form and the new list of acceptable documents.  USCIS has issued a press release and FAQ on the revised list of employment verification documents and Form I-9. 

Jackson & Hertogs is available to assist employers with I-9 compliance, as well as provide guidance and counseling on how employers may set up an electronic I-9 program.  Please contact your Jackson & Hertogs attorney if you have questions or need assistance with I-9 compliance. 

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