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USCIS Releases New I-9 Form
Today, U.S. Citizenship and Immigration Services released a new Employment Eligibility Verification Form (I-9) available at http://www.uscis.gov/files/form/I-9.pdf. Since 1986, employers have had to complete I-9 Forms for all new employees regardless of their immigration status. This new revised I-9 Form has been updated to reflect changes that were made in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which reduced the number of acceptable documents out of security concerns. Since 1997, Immigration and Customs Enforcement has used prosecutorial discretion and not fined employers for accepting non-complying documents because the I-9 Form itself remained unchanged. In today’s revision, USCIS removed five documents from List A :
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)
Also, the most recent version of the Employment Authorization Document (Form I-766) was added to the List A of acceptable documents. The new I-9 Form will become effective once notice is published in the Federal Register, and the previous 2005 version of the form should not be used after December 7, 2007. Employers are not required to recomplete I-9’s for existing employees. Rather the 2007 I-9 Form only needs to be used for new employees and existing employees who require reverification. Please note that the new 2007 I-9 Form bears an expiration date June 30, 2008, suggesting that a new form may be forthcoming in 2008.
To assist employers in determining which documents are acceptable, USCIS also released a new Handbook for Employers (M-274) with images of acceptable documents as well as updated answers to employers’ I-9 related questions. The new M-274 may be found at http://www.uscis.gov/files/nativedocuments/m-274.pdf.