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New I-9 Form

USCIS%20logo.jpgAlert LegalBriefs readers have noticed that the I-9 immigration form has an expiration date and that date has long passed. The Department of Homeland Security and the U.S. Citizenship and Immigration Services have stated employers should continue to use the old form until a new form has been issued. That new form is now available.

This issue of LegalBriefs will tell you how you can get the new form and the government’s Handbook for Employers for free. Changes in the new I-9 form will also be discussed.

Prior issues of LegalBriefs have talked about how new immigration rules have been adopted and how the government’s enforcement of a portion of those rules have been barred by a federal court in California.

New I-9 forms were put on hold until after the new regulations were adopted. Even though the California case is still pending, a new I-9 form has nonetheless been issued. Only this new form will be valid after December 26, 2007.

You can download the new I-9 form and the Handbook for Employers from our Downloads page.

Acceptable Documents
You may recall that the I-9 form contains three lists of acceptable documents, List A, List B and List C.

Five documents have been removed from List A of the List of Acceptable Documents:

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)

One document was added to List A of the List of Acceptable Documents:

Unexpired Employment Authorization Document (I-766)

All Employment Authorization Documents with photographs have been consolidated as one item on List A:

I-688, I-688A, I-688B, I-766

Social Security Numbers
Employees are no longer required to provide their Social Security Numbers in Section 1 of the I-9 form unless the employer participates in the E-Verify program. This program will be discussed in a future issue of LegalBriefs. Employers can require employees to provide their Social Security Numbers for other purposes, including payroll tax purposes.

Spanish Version
There is a Spanish version of the I-9 form. You cannot use this form, however, if you have Spanish speaking employees in any of the 50 states or other U.S. Territories. The Spanish version may only be used in Puerto Rico. If you are not in Puerto Rico, you must use the English version with your Spanish speaking employees. Don’t blame me, I didn’t make this up.

Go to our Downloads page of our website to download the current I-9 form. Start using this form for all new employees from today forward. That way you will already be in compliance when the December 26, 2007 deadline arrives.

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