New I-9 Forms and Other Changes to Acceptable Documents effective February 2, 2009

The US Citizenship and Immigration Service ("USCIS") has revised the Form I-9 and acceptable documents issuing the following summary:

The interim final rule narrows the list of acceptable identity documents and further specifies that expired documents are not considered acceptable forms of identification. An expansive document list makes it more difficult for employers to verify valid and acceptable forms and single out false documents compromising the effectiveness and security of the Form I-9 process.

Employers must complete a Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The list of approved documents that employees can present to verify their identity and employment authorization is divided into three sections: List A documents verify identity and employment authorization, List B documents verify identity only, and List C documents verify employment authorization only. 

The rule eliminates Forms I-688, I-688A, and I-688B (Temporary Resident Card and older versions of the Employment Authorization Card/Document) from List A.  USCIS no longer issues these cards, and all that were in circulation have expired.  The rule also adds to List A of the Form I-9 foreign passports containing specially-marked machine-readable visas and documentation for certain citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI).  The rule makes other, technical changes to update the list of acceptable documents.  The revised Form I-9 includes additional changes, such as revisions to the employee attestation section, and the addition of the new U.S. Passport Card to List A.

The revised I-9 Form can be downloaded from the US Citizenship and Immigration Service website. Revisions to instructions and the Handbook for Employers are pending.

The Employment Law Post also highlights these changes.

UPDATE:  Don't use Revised I-9 Form:  USCIS Delays Rule Changing List of Documents Acceptable to Verify Employment Eligibility until April 3, 2009

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Connecticut Employment Law Blog - January 30, 2009 7:05 AM
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