That old stalwart of HR paperwork—the I-9—finally got its much-anticipated face lift. On Nov. 7, the U.S. Citizenship and Immigration Services (USCIS) issued a new version of the Employment Eligibility Verification Form (Form I-9). Since 1986, employers have been required to complete the I-9 for each new hire to verify the person’s identity and work eligibility.
Employers should start using the new form immediately. The new form reduces by five the number of documents employees may use to prove their eligibility to work in the United States.
Employers may no longer accept the following documents when filling out Section 2 of the form, which asks employers to “review and verify” employees’ identity documents:
- Certificate of U.S. Citizenship (Form N-560 or N-561)
- Certificate of Naturalization (Form N-550 or N-570)
- Alien Registration Receipt Card (I-151)
- Unexpired Reentry Permit (Form I-327)
- Unexpired Refugee Travel Document (Form I-571).
Effective immediately
According to CIS spokesperson Bill Wright, employers need to begin using the new I-9 form immediately. “The new form goes into effect today,” he said on Thursday, Nov. 8. A fact sheet on the CIS website notes that “employers may incur fines and penalties for failing to use the new Form I-9.”
A CIS statement said the five documents were no longer acceptable proof because “they lack features to help deter counterfeiting, tampering, and fraud.”
Due to the short notice, Wright said CIS will grant a 30-day grace period for employers to begin using the new form. “I-9 documentation that is in process now will be okay,” he said. “Employers don’t need to tear it up and start over.”
You only need to use new I-9 version for new hires. You don’t need to complete new forms for existing employees. However, you must use the new I-9 when employees require reverification.
All of the five now-invalid documents were formerly on the I-9’s “List A” of documents that employees could use to establish both their identity and eligibility to work. All of them are official CIS documents, and all had been acceptable proof of employment eligibility since 1986. For the last few years, a “Special Instructions” section on the CIS website has discouraged employers from accepting these five documents, but the agency has until now stopped short of publishing a new I-9.
Documents you can use
The pared-down list of documents employees can use to prove their identities and eligibility to work now numbers just five:
- U.S. Passport
- Permanent Resident Alien Card or Alien Registration Receipt Card
- An unexpired foreign passport with a temporary I-551 stamp
- An unexpired Employment Authorization Document that contains a photograph
- An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94 (showing non-immigrant status and authorization to work).
In addition to reducing the number of acceptable documents, the new I-9 form clarifies that it is voluntary for employees to provide their Social Security numbers on Section 1, unless their employers participate in CIS’s Electronic Employment Eligibility Verification Program, also known as E-Verify. “The Social Security number has always been optional,” said Wright. “The instructions on the form just haven’t been clear about that until now.”
New format, font and grammar changes aim to make the I-9 more readable and user-friendly. The new version carries an internal revision date of “(Rev.06/05/07)” on bottom right corner of the I-9.
CIS resources
- You can download copies of the new I-9 form at: http://www.uscis.gov/files/form/I-9.pdf
- A CIS fact sheet on the new form is at: http://www.in.gov/dwd/files/2007-01_Fact_Sheet.pdf
- Download CIS’s revised Handbook for Employers: Instructions for Completing the Form I-9 (Employment Eligibility Verification Form) at http://www.uscis.gov/files/nativedocuments/m-274.pdf
I-9 do’s and don’ts
The I-9 form may have changed, but HR’s responsibilities for seeing that it’s properly filled out haven’t. Sidestep potential legal troubles by following these I-9 do’s and don’ts.
The new Form I-9: Questions and Answers
U.S. Citizenship and Immigration Services prepared this list of questions and answers about the new I-9 form released on November 7, 2007.
Q: Where can I get the new Form I-9 (Rev. 06/05/07)N and the Employer Handbook (M-274)?
A: Both Form I-9 and the Employer Handbook are available as downloadable PDFs at www.uscis.gov. Employers without computer access can order USCIS forms by calling our toll-free number at 1-800-870-3676. Individuals can also request USCIS forms and information on immigration laws, regulations, and procedures by calling the National Customer Service Center toll-free at 1-800-375-5283.
Q: What is the difference between the revised Form I-9 and the old one?
A: Five documents have been removed from List A of the List of Acceptable Documents:
- Certificate of U.S. Citizenship (Form N-560 or N-561)
- Certificate of Naturalization (Form N-550 or N-570)
- Alien Registration Receipt Card (I-151)
- Unexpired Reentry Permit (Form I-327)
- Unexpired Refugee Travel Document (Form I-571).
One document was added to List A of the List of Acceptable Documents:
- Unexpired Employment Authorization Document (I-766).
All the Employment Authorization Documents with photographs that are in circulation are now included as one item on List A:
- I-688, I-688A, I-688B, I-766.
Instructions regarding Section 1 of Form I-9 now indicate that the employee is not obliged to provide the Social Security Number in Section 1 of Form I-9, unless he or she is employed by an employer who participates in E-Verify. The section on Photocopying and Retaining Form I-9 now includes information about electronically signing and retaining I-9 forms.
The estimated reporting burden under the Paperwork Reduction Act has changed to reflect the latest estimates and, finally, the format, font, organization, and grammar of the text have been improved to make Form I-9 more readable and user-friendly.
Q: Can I accept documents that used to be on the Form I-9 but aren’t now?
A: No. Employers may only accept documents listed on the List of Acceptable Documents on Form I-9. When re-verifying employees, employers should ensure that they use the new Form I-9 with its updated list of acceptable documents.
Q: Are there any changes in the way the new Form I-9 is completed?
A: No. The updated form should be completed exactly the same way as the old one was. The only difference is the types of documents that employers may accept in Section 2.
Q: Is the Form I-9 available in different languages?
A: The Form I-9 is available in 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 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/preparer to assist them in completing the form.
Q: Are employers in Puerto Rico required to use the Spanish version of Form I-9?
A: No. Employers in Puerto Rico may use either the Spanish or the English version of the new Form I-9 to verify employees. Employers in Puerto Rico may not use the expired 1988 Spanish or English edition of Form I-9.
Q: What versions of Form I-9 are valid for use?
A: As of November 7, 2007, the Form I-9 with a revision date of June 5, 2007 is the only version of the form that is valid for use. The revision date is printed on the lower right corner of the form and states “(Rev. 06/05/07)N”. All previous versions of Form I-9, in English or Spanish, are no longer valid. The 1988 version of Form I-9 in Spanish expired in 1991.
Q: When should employers begin using the version of Form I-9 marked with a revision date of “(Rev. 06/05/07)N”?
A: Employers must use the amended Form I-9 (Rev. 06/05/07)N for all individuals hired on or after November 7, 2007. However, DHS recognizes that employers should be afforded a period of time to transition to the amended Form I-9. DHS will publish a Notice in the Federal Register announcing that it will not seek penalties against an employer for using a previous version of the Form I-9 during a 30 day transition period that begins on date of publication of the Notice. After the transition period, employers who fail to use Form I-9 (Rev. 06/05/07)N may be subject to all applicable penalties under section 274A of the INA, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE).
Q: Do I need to complete the new version of Form I-9 for all my employees or just the new ones?
A: Employers only need to complete the new version of Form I-9 (Rev. 06/05/07)N for new employees. Employers do not need to complete new forms for existing employees. However, employers must use the Form I-9 (Rev. 06/05/07)N when their employees require re-verification.
