If you want to be sure you’re using the latest version, make sure it’s dated August 7, 2009. The form will expire August 31, 2012.

A few reminders on using the I-9:

• You can use Form I-9 with the revision date of either August 7, 2009, or February 2, 2009, for all new hires or re-verifications. The two are essentially the same.
• Even though there’s a new version, you do not need to complete new forms for existing employees for whom an I-9 has been properly completed.
• All documents presented during the verification process must be unexpired and employers can require only documents specified under the law. In other words, requiring “special” extraordinary documentation from some employees would leave you open to civil and criminal penalties.

The new form and instructions are available at the USCIS Web site.

Fortunately, that’s not true, Amy Lawson, associate chief, Verification Division, U.S. Citizenship and Immigration Services, told attendees of the American Payroll Association’s Annual Congress.

Multistate employers have the option. If companies have worksites in several states with differing laws, management can determine whether it wants to have the entire company using the E-Verify system or just those worksites required by state law.

Right now, more than half of states have laws requiring the use of E-Verify in some circumstances, whether for public entities or those doing business with the states.

The confusion for multi-state employers has occurred because generally, employers must use E-Verify:

• at all worksites in states that require its use (i.e., Arizona and Mississippi), and
• for all new hires so there’s no discrimination.

Federal contractors are preparing for a requirement to begin using the system in September, although that rule has been delayed several times.

USCIS has verified that the current version of the I-9  — dated February 2, 2009 — will remain valid beyond what was suppose to be its June 30, 2009,  expiration date.

USCIS is in the process of reviewing and releasing a new version of the I-9. Until the new form is released, employers must continue to use the current version of the form to confirm employees’ authorization to work in the United States.

The current English-language version of Form I-9 can be downloaded in PDF format here.

Note: The Spanish version of the form is available here, but its official use is limited only to employers in Puerto Rico. All other employers may use it only as a reference or to assist employees, but not for official use.

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.

As described in our January 9 story, “New I-9 deadline Feb. 2: Are you ready?” The USCIS has published an interim final rule that narrows the list of documents employers may accept to verify employment authorization on the I-9 form. The revised Form I-9 becomes effective on February 2, 2009. At that time, employers will be required to use only the new form to verify the employment eligibility of new hires and reverify existing employees where necessary.

USCIS has published a final version of the I-9 form, a copy of which is available here, along with instructions.

The current version of the I-9 form, dated June 5, 2007, will no longer be available after the interim final rule takes effect on February 2, 2009.

Now’s the time to do a last-minute check on your I-9 procedures, before the February 2 deadline.

The first Monday in February is the day you’ll have to complete a new, revised I-9 form for all new hires and for reverification of some employees who have temporary work authorization. Pay special attention to three procedures associated with the new form:

• All documents presented during the verification process will now have to be unexpired. Previously, certain expired documents, such as a U.S. passport,  were acceptable.
• There’s a change in the acceptable “List A” identity and employment authorization documentation. You can no longer accept Form I-688, Temporary Resident Card; Form I-688A, Employment Authorization Card; or Form I-688B, Employment Authorization Card. They will all be obsolete on February 2.
• Added to the acceptable documentation for “List A” are: foreign passports containing certain machine-readable immigrant visas and 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.

Starting February 2, the new I-9 form should be available at  www.uscis.gov/files/form/I-9.pdf. Or you can call the U.S. Citizenship and Immigration Services at 1-800-375-5283.

Note: The new form should not be used for existing employees. It must be used only for new hires and for reverification of current employees who only have temporary work authorization upon expiration of that authorization.

U.S. Citizenship and Immigration Services (USCIS) submitted to the Federal Register an interim final rule to revise Form I-9, Employment Eligibility Verification. Among other changes, the rule narrows the list of acceptable identity and employment authorization documents. 

The rule and the revised Form I-9 were published in the Federal Register on December 17 and will take effect February 2, 2009. 

Documents removed from and added to List A
USCIS has removed three documents from List A that can no longer be used to establish both identity and employment authorization because these documents are now obsolete:

• Form I-688 Employment Authorization Document
• Form I-688A Employment Authorization Document
• Form I-688B Employment Authorization Document 

USCIS has added three documents to List A:

• A temporary I-551 printed notation on a machine-readable immigrant visa in addition to the foreign passport with a temporary I-551 stamp
• A passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with a valid Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI
• A U.S. passport card

Expired documents of any type are not acceptable documentation for the revised Form I-9.

Employee attestation section
In Section 1 of the revised Form I-9 – ”citizen of the United States” and “noncitizen national of the United States” — will now be two separate categories. Noncitizen nationals are persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands and certain children of noncitizen nationals born abroad.

Availability of the revised Form I-9
Beginning 45 days after publication of the rules in the Federal Register, the USCIS Web site — www.uscis.gov — will offer the revised Form I-9 and an updated Handbook for Employers, Instructions for Completing the Form I-9 (M-274), to reflect the revisions to Form I-9.

Click here for FAQs about the revised Form I-9.

U.S. Citizenship and Immigration Services (USCIS) announced that the new U.S. passport card may be used as a valid “List A” document to complete Form I-9 during the employment eligibility verification process. Here’s how employees can get the card. 

Some facts about the card:

• The U.S. Department of State began producing passport cards on July 14, 2008, and has already received more than 350,000 applications.
• The passport card carries the same rights and privileges of the U.S. passport book and legally attests to the U.S. citizenship and identity of the holder, but the card cannot be used to travel by air. It can be used to enter the U.S. at all land and seaports when arriving from Canada, Mexico, the Caribbean and Bermuda.
• The passport card is a significantly cheaper, faster and more portable alternative to the traditional passport book.

First-time applicants can apply for a passport card at any Passport Application Acceptance Facility throughout the country. To find the one nearest you go to http://iafdb.travel.state.gov/.

The cost for a card is $45 for adults and $35 for children under 16. Adults with fully valid passport books issued within the last 15 years can apply for the card by mail using Form DS-82, at a cost of only $20. Get additional passport card information on the U.S. Department of State Web site at http://travel.state.gov/passport/passport_1738.html.