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USCIS to All Employers: New Form I-9 Effective April 3, 2009

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April 20, 2009

The Citizenship and Immigration Service (CIS) confirmed that the latest I-9 Form is effective April 3, 2009. The CIS went several years without updating the I-9 Form and the attending List of Documents - but has made a series of revisions, some substantial and some insubstantial, over the last two years.

The now current Form has a revision date of February 2, 2009. The revision date is located in the lower right-hand corner of the Form (Rev. 2/2/2009). The current Form can be found online at www.uscis.gov. A Spanish version is also available for download. As of April 3, 2009 employers should begin using the new version of the Form.

The primary difference between the last version and the current version is the addition and deletion of acceptable documents from Lists A, B and C. One sweeping change is the requirement that all documents presented under Lists A, B and C be unexpired. The former list included certain documents that could in fact have been presented after expiration, e.g. U.S. passport. In addition, specific changes were made to List A:

Two documents have been added to List A:

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  • A temporary I-551 printed notation on a machine-readable immigrant visa in addition to the foreign passport with a temporary I-551 stamp; and
  • A passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with a valid Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI.

Three documents were removed from List A:

  • Form I-688, Temporary Resident Card;
  • Form I-688A, Employment Authorization Card; and
  • Form I-688B, Employment Authorization Card.

The Handbook for Employers has also been updated to reflect the changes and can be found online at the above link.

The I-9 Process is mandated for all employers, regardless of size, location or industry. It is the process by which an employer is required to verify the identity and work eligibility of every employee at the time of hire. For more information on the I-9 Process or other matters relating to Employer Compliance or Immigration, please contact one of the following Team members:

Debra J.C. Dowd
Jeffrey Van Doren

Barbara J. Bavis

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