On November 7, 2007, the United States Citizenship and Immigration Services (USCIS) announced the availability of a revamped Form I-9. Since 1986, Form I-9 has been used by all U.S. employers to verify the work eligibility of its employees as required by law.
In 1997, to comply with the provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the then Immigration and Nationality Service (INS) promulgated regulations reducing the number of acceptable documents to satisfy the requirements of Form I-9. However, INS, and later USCIS, failed to revise Form I-9 to reflect those changes. As a result, the official Form I-9 was out of compliance with the regulations for nearly 11 years.
The new version of Form I-9, which bears a revision date of 06/05/07, finally brings the form in line with the regulations. Also revised is M-274, "Handbook for Employers, Instructions for Completing Form I-9," published by USCIS. All other I-9 requirements remain the same, including the requirement that employers complete a Form I-9 for each employee within three days of hire and the document retention requirements.
The new form will become effective upon publication in the Federal Register. However, employers are urged to begin using the revised form immediately.
Click here to download the revised Form I-9.
Click here to download the revised M-274, "Handbook for Employers, Instructions for Completing Form I-9."
Click here to download the USCIS press release regarding the revised form.
Click here to download the USCIS fact sheet summarizing the revisions to the form.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
