On November 8, 2007, the U.S. Citizenship and Immigration Services ("USCIS") issued a revised Form I-9 (Employment Eligibility Verification). Employers must use the new I-9 form for any employees hired on or after November 7, 2007, although there is a 30-day transition period during which USCIS will not seek penalties against an employer that uses an older version of the form. New forms do not have to be completed for existing employees; employers should retain the prior-completed forms for such employees.
What has changed? The main change to the new form is List A's list of documents that establish both identity and employment eligibility. Five documents were removed from the list: (1) Certificate of U.S. Citizenship (Form N560 or N561), (2) Certificate of Naturalization (Form -550 or -570), (3) Alien Registration Receipt Card (I-151), (4) Unexpired Reentry Permit (Form I-327), and (5) Unexpired Refugee Travel Document (Form I-571). A new document was added to List A: Unexpired Employment Authorization Document (I-766). This has been added to the other Employment Authorization Documents with photographs that are currently in circulation (I-688, I-688A, I-688B), as one item on List A.
There is no change in the way that employers must complete the form. Employers must use Form I-9 to verify the identity and work eligibility of all new employees, including U.S. citizens, at the time that they are hired. Employers must maintain completed I-9's (as a hard copy or in an electronic version) for all current employees, and for three years after a terminated employee's date of hire or for a year after the date of termination, whichever is later.
The revised List A-whose documents can be used to "Establish Both Identity and Employment Eligibility"- allows employers to accept the following documents:
3. An unexpired foreign passport with a temporary I-551 stamp.
4. An unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A or I-688B).
5. An unexpired foreign passport with an unexpired "Arrival-Departure Record," Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer.
A new hire may also continue to prove his or her identity and employment eligibility by providing acceptable documents from Form I-9's List B and List C (one document from each list).
List B, Documents that Establish Identity:
1. Driver's license or ID card issued by a state or outlying possession of the United States, provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address.
2. ID card issued by federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address.
3. School ID card with a photograph.
4. Voter registration card.
5. U.S. military card or draft record.
6. Military dependent's ID card
7. U.S. Coast Guard Merchant Mariner card.
8. Native American tribal document.
9. Driver's license issued by a Canadian government authority.
For persons under age 18 who are unable to present a document listed above, the acceptable documents are:
10. School record or report card.
11. Clinic, doctor or hospital record.
12. Day care or nursery school record.
List C, Documents that Establish Employment Eligibility:
1. U.S. Social Security card issued by the Social Security Administration (other than a card stating it is not valid for employment).
2. Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545 or Form DS-1350).
3. Original or certified copy of birth certificate issued by a state, county or municipal authority, or outlying possession of the United States, bearing an official seal.
4. Native American tribal document.
5. U.S. Citizen ID Card (Form I-197).
6. ID Card for use of Resident Citizen in the United States (Form I-179).
7. Unexpired employment authorization document issued by the Department of Homeland Security (other than those listed under List A).
Employers should examine one document from List A, or examine one document from List B and one from List C, and record the title, number and expiration date, if any, of the documents.