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Revised Form I-9 Mandatory for All
Employers as of April 3, 2009
April 3, 2009
Summary
The newly-revised Form I-9 goes into effect
today, April 3, 2009, for all United States employers. The Form
I-9 is the document used to verify the identity and employment
authorization of each person hired for employment in the United
States.
There are two changes to the revised form.
First, all documents presented during the Form I-9 process must
be unexpired. Previously, employers could accept an expired
passport or an expired List B document (such as a driver's
license or state-issued ID card) to establish identity. The
United States Citizenship and Immigration Services (USCIS) made
this change because it determined that expired documents are
prone to tampering and fraudulent use. Second, the new form
changes the types of documents acceptable to establish identity
and employment eligibility. Specifically, the List A documents
have been changed to exclude certain Employment Authorization
Documents and to include certain foreign passports and temporary
immigrant visas.
The
revised Form
I-9 and a new employer handbook (Form M-274) developed by
the USCIS to answer employer questions is available online from
the USCIS web site (www.uscis.gov)
What This Means
The current version of Form I-9 (dated 6/5/07)
is not valid for use on or after April 3, 2009, so employers
should take care to destroy any blank copies of such forms so
they are not inadvertently used. Employers will have to change
their I-9 process regarding the list of acceptable documents and
the treatment of expired documents. Keep in mind that Form I-9
re-verifications performed on or after April 3, 2009 must also
be on the new form.
This E-Update was authored by
Brenda
Kasper. For more information, or questions, please contact
Ms. Kasper or any Paul, Plevin attorney at (619)
237-5200.
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