Defining the New Form I-9

HR Advisor feature article | February 2009

Effective February 2, 2009, all employers must begin using the new version of the I-9 form.In December 2008, the U.S. Citizenship and Immigration Services (USCIS) had published an interim final rule revising I-9 regulations and resulting in a new I-9 form.

The Basics

Employers must complete a Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States. For such verification, an employee may present specific documents based on the approved list found on the back of the Form I-9. The list consists of three sections:

• List A documents verify both identity and employment authorization;
• List B documents verify identity only; and
• List C documents verify employment authorization only.

The Revisions

• Expired documents are not acceptable for proof of identification or work authorization. Only unexpired documents or documents without an expiration date (e.g. a Social Security card) will be acceptable.
• List A has been revised to include the following as newly acceptable documents:
  • The new U.S. Passport Card;
  • A foreign passport notation on a machine-readable immigrant visa, pre-printed with a temporary I-551 notation (to confirm legal permanent residence status); and
  • A passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with a valid Form I-94 demonstrating valid status pursuant to the Compact of Free Association with the United States.
• The revised List A no longer includes the following forms of the employment authorization document:
  • Form I-688, Temporary Resident Card;
  • Form I-688A, Employment Authorization Card; and
  • Form I-688B, Employment Authorization Card.
• Section One of the Form I-9 revises the employee attestation to include a noncitizen national. A noncitizen national pertains to an individual born in American Samoa, certain citizens of the Trust territories of the Pacific Islands, and certain children of noncitizen nationals born outside the U.S.

The Effective Date

Employers must begin using the new Form I-9 for all new hires and re-verifications effective February 2, 2009.

Note: Employers do not need to complete a new Form I-9 for all employees - only for new hires and re-verifications. Also, employers who do not use the new I-9 form as of February 2, 2009 may be subject to fines.

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