HRMorning.com » Last-minute compliance checklist for new I-9

Last-minute compliance checklist for new I-9

April 1, 2009 by Jim Giuliano
Posted in: Employment law, Hiring, Immigration, In this week's e-newsletter, Latest News & Views


The U.S. Citizenship and Immigration Services has set April 3 as the final deadline for complying with the new I-9 regulations. Here’s a run-through of the major rules to make sure you’re set.

The bulk of the changes deal with Section 2, the employer portion of the Form I-9, and the List of Acceptable Documents. When the new I-9 goes into effect, only unexpired documents will be acceptable for verification of legal work status.

The new List of Acceptable Documents includes three passport-related documents on List A:

  • the U.S. Passport Card
  • a foreign passport notation on a machine-readable immigrant visa that is pre-printed with a temporary I-551 notation (confirmation of legal permanent residence status),  and
  • passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with a valid Form I-94 demonstrating legal status under the Compact of Free Association with the United States.

Note: The new I-9, the Department of Homeland Security also published a final rule in the Federal Register stating that a military identification card issued by the Armed Forces is acceptable as a List A document evidencing both identity and employment authorization only if the employer is the U.S. military and the Form I-9 is completed in the context of military enlistment. No other employer may accept a military identification card as a List A document. However, the military identification card is acceptable as a List B document evidencing identity with respect to employment by private and public employers alike.

To get a full picture of the changes and requirements, go to the the Web site of the U.S. Bureau of  Citizenship and Immigration Services and download updated M-274 Handbook for Employers,  which describes the new I-9’s changes and requirements and explains the E-Verify program. You can also download the new I-9 form and instructions.

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6 Responses to “Last-minute compliance checklist for new I-9”

  1. TC Says:

    Why does the new form have an expiration date of 6/30/09?

  2. PW Says:

    TC, does anything make sense anymore??? :)
    Just something else for us to do later on down the road.

  3. phyllis Says:

    what process follows for independent contractors? i.e., owner-operator truck drivers?

  4. Jen G. Says:

    Does anyone know where to get a copy of the I-9 form we are supposed to use AFTER June 30, 2009?

  5. TC Says:

    I believe this is the one off of the governments website. They are just not checking their work for the obvious since they were so busy updating it with the changed information. Aahh the government….this is the one to use.

  6. Franki Weitzel Says:

    I was taught that as long as I have the correct verification documents that it didn’t matter if I signed the I-9, now after 7 years I am wondering if that was correct? Thanks

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