On Nov. 26, 2007, the Department of Homeland Security published a revised Employment Eligibility Verification Form (I-9) in the Federal Register. It is a federal requirement that U.S. employers complete an I-9 form for all employees within the first three days of employment and retain the form for one year after termination of employment or three years, whichever is longer. Employers must switch to the new form by Dec. 26, 2007, to verify the identity and employment eligibility of all new employees. Employers can download revised versions of the form in English and Spanish from the USCIS Web site.
Other relevant documents available on the U.S. Citizenship and Immigration Services (USCIS) Web site include a fact sheet of frequently asked questions and the Handbook for Employers/ Instructions for Completing the Form I-9.
Important points to note include the following:
Employers that fail to use the new form for all new hires and re-verifications may be subject to penalties. Updating Section 3 on the old form is not an option when re-verifying employees.
The new form is available in Spanish and can only be used as a translation guide for Spanish-speaking employees. The English version must be completed and kept by the employer.
The List of Acceptable Documents (List A—Documents that Establish Both Identity and Employment Eligibility) on the form was updated.
Providing the Social Security Number in Section 1 is optional, unless the employer participates in E-Verify.
There are no changes in the way the new form is completed. The only difference is the type of documents that employers may accept in Section 2.