Originally published November 8, 2007
USCIS announced yesterday that it published a revised and updated version of the Employment Eligibility Verification Form (Form I-9) along with an accompanying revised Handbook for Employers (Manual M-274). Employers and their attorneys have been awaiting this announcement for many years, as these revisions finally make the Form I-9 consistent with USCIS regulations. For the immediate future USCIS will allow employers to use the old Form I-9. Employers are encouraged to transition into utilizing the revised Form I-9 as soon as possible.
Under the Immigration Reform and Control Act of 1986 (IRCA), every U.S. employer must verify the employment eligibility of its employees upon hire. The verification, which is accomplished through the proper completion of Form I-9, requires the employee to provide basic personal information and to attest as to his or her immigration status. The form also requires the employee to present, and the employer to review, certain original documents that confirm that the new employee is eligible to work for the employer in the United States. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) mandated a reduction in the list of acceptable documents, and, in 1997, the Immigration and Naturalization Service (INS) issued regulations implementing these changes. However, many employers were unaware of these changes, and for some period of time the government did not assess penalties for accepting these documents. This is because the government did not change either the original list of acceptable documents printed on the Form I-9 or its official Handbook for Employers. The lack of consistency between the regulations and the instructions in the handbook and on the form have been a source of great confusion and consternation to employers. The new Form I-9 and Handbook now properly reflect these changes and include some additional minor revisions.
The revised Form I-9 is available now for use and all employers are encouraged to start using the revised Form I-9 as soon as possible. The revised Form I-9 will be officially effective once the notice is published in the Federal Register.
In the coming weeks, we will present a full analysis of the new Form I-9 and Handbook. Concerned employers are invited to contact us.
New I-9 Form
Employer Handbook (M-274)
USCIS Fact Sheet about the revised Form
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