UPDATE 2/2/09: Please see this post regarding the 2/2/09 I-9. It has been delayed by 60 days to April 3 and employers could incur civil penalties if they use the 2/2 form before April 3.
New I-9 Rules for 2009! Beginning February 2, 2009, employees can no longer use expired identification to establish their identity or credentials to work in the U.S.
:In addition to the interim final rule narrowing the list of identity documents employers can accept from new hires, it also directs that expired documents are no longer acceptable forms of identification, USCIS says. “An expansive document list [that includes expired documents] makes it more difficult for employers to verify valid and acceptable forms and single out false documents compromising the effectiveness and security of the Form I-9 process,” USCIS says.
“Expired documents are prone to fraudulent use in the Form I-9 process by aliens seeking unauthorized employment,” USCIS says. Expired documents have made it into the hands of counterfeiters who will place an unauthorized alien’s photograph and other identifying information on the document, which the unauthorized aliens use to obtain employment, the agency says. Therefore, establishing a requirement that all documents must be unexpired closes that loophole and “sets a bright-line standard for U.S. employers,” the USCIS says. Moreover, requiring unexpired identity credentials respects the limits placed on the document by the issuing authorities and increases the “likelihood that such documents will contain up-to-date security features that will make them less vulnerable to counterfeiting and fraud,” USCIS says.
There are also new documents added to verify an employee’s eligibility. Again, from SHRM:
The interim final rule adds new documents that meet Form I-9 requirements for its three list categories. Those documents are foreign passports containing the I-551 permanent residence notation printed on a machine-readable immigrant visa; passports and certain other documents for citizens of the Federated States of Micronesia and the Republic of the Marshall Islands; and the new U.S. Passport Card.
Form I-9’s three list categories of acceptable documents, either alone or in combinations, to establish identity and employment authorization are categorized under lists A, B and C. The identity and work eligibility documents acceptable under each list are:
• List A—documents that establish both identity and employment authorization such as a U.S. passport, U.S. Form I-551, “Permanent Resident Card” and U.S. Form I-766, “Employment Authorization Document.”
• List B—documents that establish only identity such as a state-issued driver’s license or identification card.
• List C—documents that establish only employment authorization such as a state-issued birth certificate or Social Security card.
You can find the new form here.