On November 7, 2007, the United States Citizenship and Immigration Services ("USCIS"), issued a revised form I-9 employment eligibility verification form as well as a companion employer handbook (M-274) which provides instructions for completing the Form I-9. Both the new form I-9 as well as the employer handbook are downloadable PDFs available on www.uscis.gov. Employers without computer access can order the USCIS Forms by calling the toll-free number at 1-800-870-3676. Individuals can also request the forms and information on the new rules and regulations by calling the National Customer Service Center toll-free at 1-800-375-5283.
Employers are encouraged to view the forms as soon as possible in light of the effective date of use of December 26. The key difference between the revised Form I-9 and the old one is that five documents have now been removed from List A of Acceptable Documents. Specifically, Certificate of U.S. Citizenship, Certificate of Naturalization, Alien Registration Receipt Card, Unexpired Re-entry Permit and Unexpired Refugee Travel Documents have all been removed from List A of Acceptable Documents. Moreover, one document was added to List A which is Unexpired Employment Authorization document. Moreover, all of the employment authorization documents with photographs and circulation are now included as one item on List A. There are other instructions on the form which note other changes; the objective of the government is to make the form more readable and user friendly.
The Form I-9 is available in both 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 simply as a translation guide for Spanish speaking employees, but must complete the English version and keep it in the employer's records. Employees may also use or ask for a translator to assist them in completing the form. Employers only need to complete the 2007 Form I-9 for new employees effective as of December 26. Employers do not need to complete new forms for existing employees. However, employers must use the new form when employees require re-verification.
As noted, the Department of Homeland Security ("DHS") announced that use of the new form which was issued on November 7 would become mandatory on December 26. If you have any questions concerning the new I-9 Form, please do not hesitate to e-mail Brandon Davis at brandon.davis@phelpsdunbar.com.
