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USCIS Releases New Form I-9

By Minh Phung Ngo, Richard M. Rawson, Christopher R. Helm and James M. Mei
[November 2007]

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 Employers who continue to use the outdated editions of Form I-9 after the effective date may be subject to fines and penalties.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.

If you have questions or would like more information, please contact any member of DWT's immigration practice team, including:

	Minh Phung Ngo Seattle, Washington (206) 622-3150 minhngo@dwt.com		Richard M. Rawson Seattle, Washington (206) 622-3150 richrawson@dwt.com
	Christopher R. Helm Seattle, Washington (206) 622-3150 chrishelm@dwt.com		James M. Mei Portland, Oregon (503) 241-2300 jimmei@dwt.com

This advisory is a publication of the Employer Services Department of Davis Wright Tremaine LLP. Our purpose in publishing this advisory is to inform our clients and friends of recent developments in employment law. It is not intended, nor should it be used, as a substitute for specific legal advice as legal counsel may be given only in response to inquiries regarding particular situations.

Copyright © 2007, Davis Wright Tremaine LLP.

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