Delayed New Form I-9 Goes Into Effect April 3, 2009
April 2009

Beginning April 3, 2009, employers must start using a new Form I-9. As you may remember, in a last minute announcement, on January 30, 2009, the U.S. Citizenship and Immigration Services (“USCIS”) and Department of Homeland Security, delayed the implementation of the new Form I-9.

The new Form I-9 applies to all new hires and also to those current employees whose employment authorization must be reverified. Remember that the new Form I-9 contains changes as to which documents may be acceptable for identity and employment authorization, and now requires employers to only accept unexpired documents including U.S. passports and all List B documents used to establish identity.

Those documents removed from List A, and thus can no longer be used to establish both an employee’s identity and employment authorization are:

  • Form I-688 Employment Authorization Document;
  • Form I-688A Employment Authorization Document; and
  • Form I-688B Employment Authorization Document.

Those documents added to List A, allowing employers to accept these for purposes of establishing an employee’s identity and employment authorization are:

  • Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa;
  • 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; and
  • A U.S. passport card.

Additional Changes to the Form I-9

In Section 1 of the April 3, 2009 Form I-9 “citizen of the United States” and “noncitizen national of the United States” are now two separate categories. Noncitizen nationals of the United States 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.

The April 3, 2009 version of From I-9 is now available at http://www.uscis.gov/i-9.

As always, proper administration of the Form I-9 process is important. We recommend employers work with legal counsel to conduct a spot audit of their Form I-9 records to ensure the forms are being properly completed and maintained. Please do not hesitate to contact us at 702-474- 2614 or visit us on the web at www.lrrc.com if you have questions or concerns.

This Client Alert has been prepared by Lewis and Roca LLP for informational purposes only and is not legal advice. Readers should seek professional legal advice on matters involving these issues.

View the entire client alert in PDF format here.