Q. I recently heard that employers must now use a new I-9 form for new employees. Is this true?
A. Yes. Employers were required to begin using a new Employment Eligibility Verification Form (Form I-9) effective April 3, 2009.
The new Form I-9 is dated 02/02/2009 on the lower right corner. The U.S. Citizenship and Immigration Services also released a new Handbook for Employers that has been modified to reflect changes made to the new Form I-9 and corresponding regulations.
You can download the new form at www.uscis.gov/files/form/i-9.pdf. Download the new manual at www.uscis.gov/files/nativedocuments/m-274.pdf.
Among the most important changes to the I-9 process are:
- All documents presented, either by new hires or reverified employees, must be unexpired. Previously, employers could accept certain expired documents, such as expired driver’s licenses and U.S. passports.
- The new Form I-9 must be used for new hires and for reverifications of existing employees.
- U.S. passport cards are now acceptable as a List A document for I-9 purposes.
- Form I-766 will be the only Employment Authorization Document (EAD) acceptable as a List A document. Form I-688, Temporary Resident Card; Form I-688A, Employment Authorization Card; and Form I-688B, Employment Authorization Card are no longer issued by the federal government and therefore are no longer acceptable.
- Foreign passports containing certain machine-readable immigrant visas have been added to List A. Note that this provision should have very limited applicability, as it applies only to certain immigrant visas containing a temporary I-551 notation, which is interim evidence of an individual having received permanent resident status (a “green card”).