Labor and Employment Alert

New Form I-9 Goes Into Effect Today

April 3, 2009

The revised Form I-9, Employment Eligibility Verification (Rev. 02/02/09), goes into effect today for all U.S. employers. This form must be used for all new hires and for existing employees who require re-verification. Employers are not otherwise required to replace completed I-9 forms with the revised form.

The new Form I-9 incorporates the following changes:

  • All documents presented during the verification process cannot be expired.
  • List A identity and employment authorization documentation will no longer include Form I-688, Temporary Resident Card; Form I-688A, Employment Authorization Card; and Form I-688B, Employment Authorization Card.
  • List A will now include foreign passports containing certain machine-readable immigrant visas. Also added to List A are passports from the Federated States of Micronesia and the Republic of the Marshall Islands if presented with an I-94 or I-94A arrival/departure record.
  • Section I of the form contains a separate selection for “non-citizen nationals” of the United States (individuals who were born in American Samoa, certain residents of the Northern Mariana Islands who have not become U.S. citizens, and certain individuals who were born abroad to non-citizen U.S. nationals).

In conjunction with the new form, USCIS has published a new M-274 Employer Handbook which provides guidance on preparation and examples of specific USCIS issued documents.