Q. Our HR department is using I-9 forms from several years ago. At what point should we use the new revised form issued by the federal government?
A. Now. Late last year, the U.S. Citizenship and Immigration Services (USCIS) released a revised Form I-9, Employment Eligibility Verification, for immediate use. The agency also issued a new M-274, Handbook for Employers, Instructions for Completing the Form I-9.
According to the USCIS, employers can and should now use the new I-9 Form (dated June 5, 2007) for all new hires.
Employers are required to use Form I-9 to verify the identity and work eligibility of all new employees (including U.S. citizens) at the time they are hired. There is no need to use the new I-9 for current employees unless a duty to reverify arises.
The basic Form I-9 remains substantially the same as earlier versions, although the form and accompanying instructions appear to be more user-friendly. The most significant changes were made to the form instructions, including:
1. 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).
2. One document was added to List A of the “List of Acceptable Documents”: Unexpired Employment Authorization Document (I-766).
3. All the Employment Authorization Documents with photographs in circulation are now included as one item on List A: I-688, I-688A, I-688B and I-766.
A copy of the new Form I-9 can be found at www.uscis.gov/files/form/I-9.pdf, and the new handbook can be found at www.uscis.gov/files/nativedocuments/m-274.pdf. The new handbook contains updated examples of completed I-9s and updated, color copies of various acceptable documents.
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