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Are you using the correct I-9 form?

Effective 4/3/09, all employers must use the revised Form I-9, which reflects changes made to the list of documents acceptable for Form I-9 in accordance with the Department of Homeland Security’s (DHS) recent interim final rule. A full explanation of the changes is available here.

It is important for all employers to ensure their hiring managers are aware of the changes and are using the new form for all new hires and to reverify any employee with expiring employment authorization. Key changes are noted below:

  1. All documents presented must now be unexpired (remember that expired passports used to be acceptable).
  2. List A identity and employment authorization documentation Forms I-688, I-688A, and I-688B (Temporary Resident Card and outdated Employment Authorization Cards) have been eliminated.
  3. Foreign passports containing certain machine-readable immigrant visas have been added to List A.
  4. Valid passports for citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI), along with 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 are now acceptable.

Employers can get a new copy of the revised I-9 here.  The new I-9 form expires on 6/30/09, so stay tuned for updates.

As you’re communicating these changes to your managers, it’s also a great time to remind them of I-9 best practices:

  1. Complete I-9 forms within the first three days of employment. Ensure both employer and employee sign the form.
  2. Review the documents presented to ensure they appear genuine.
  3. Accept only forms on the list of acceptable documents.
  4. Note the expiration dates of any temporary authorizations and set a reminder to re-verify data at the appropriate date.
  5. File I-9s separately from personnel files.

Christin Myers