USCIS Releases New Form I-9

On Nov. 7, 2007, U.S. Citizenship and Immigration Services (USCIS) released a revised Employment Eligibility Verification Form (I-9). The revised Form I-9 will become effective once the notice is published in the Federal Register. USCIS, however, encourages employers to start using the revised Form I-9 immediately. The new form removes five documents from List A of Acceptable Documents. These documents are:

• Certificate of U.S. Citizenship (Form N-560 or N-561)
• Certificate of Naturalization (Form N-550 or N-570)
• Alien Registration Receipt (I-151)
• Unexpired Reentry Permit (Form I-327)
• Unexpired Refugee Travel Document (Form-571)

The revision brings Form I-9 into compliance with the 1997 rule that had eliminated the above documents as acceptable documents for proof of both identity and employment eligibility. In addition, instructions for Section 1 of the revised Form I-9 now expressly state that providing an employee's social security number in Section 1 is voluntary, unless the employer participates in E-Verify.

Employers do not need to complete the revised Form I-9 for existing employees. Employers only need use the new form when verifying the employment eligibility of new employees and when re-verifying existing employees. After the effective date, all previous versions of Form I-9, in English and Spanish, will no longer be valid. Employers who continue to use the outdated editions of Form I-9 after the effective date may be subject to fines and penalties.

The revised Form I-9, as well the "Handbook for Employers, Instructions for Completing the Form I-9,” are available online at www.uscis.gov. To order the new forms, you may call USCIS at 1-800-870-3676.