Revised Employment Eligiblity Verification (Form I-9) Issued by DHS
December 1, 2007
by Employment & Labor Law / Employee Benefits Group
Stinson Morrison Hecker LLP
Copyright © 2007
Employers must use a revised Employment Eligibilty Verification Form I-9 for "all individuals hired on or after November 7, 2007," according to an announcement by the U.S. Department of Homeland Security (DHS). The DHS will not seek penalties against an employer for using a previous version of the Form I-9 during a 30-day transition period that ends on December 26, 2007. However, employers must transition to the revised Form I-9 not later than December 26, 2007. Highlights of the changes to the revised Form I-9 include:
Removal of Five Documents – The revision removes five documents for proof of identity and employment eligibility from the Form I-9:
- Certificate of U.S. Citizenship (Form N-560 or N-561)
- Certificate of Naturalization (Form N-550 or N-570)
- Alien Registration Receipt Card (Form I-151)
- Unexpired Reentry Permit (Form I-327)
- Unexpired Refugee Travel Document (Form I-571)
Addition of One Document – The revision also adds a new document to List A of the List of Acceptable Documents on the Form I-9:
- Most recent version of the Employment Authorization Document (Form I-766)
Social Security Number – An employee is no longer required to provide the Social Security Number in Section 1 of the Form I-9 unless he or she is employed by an employer who participates in E-Verify (formerly known as Basic Pilot).
Spanish Version – The revised Form I-9 is available in English and Spanish, however only employers in Puerto Rico may have employees complete the Spanish version for their records. Employers in the 50 states may use the Spanish version as a translation guide for Spanish-speaking employees, but must complete the English version and keep it in the employer's records.
Use Only for New Employees or Re-Verification - Employers only need to complete the 2007 Form I-9 for new employees. Employers do not need to complete new forms for existing employees. However, employers must use the revised Form I-9 when their employees require re-verification.
Which Version of the Form to Use– As of November 7, 2007, the Form I-9 with a revision date of June 5, 2007 is the only version of the form that is valid for use. The revision date is printed on the lower right corner ofthe form and states "(Rev. 06/05/07)N". All previous versions ofthe Form I-9, in English or Spanish, are no longer valid.
Effective Date and Transition Period - Employers must use the revised Form I-9 "(Rev. 06/05/07)N" for all individuals hired on or after November 7, 2007. However, DHS will not seek penalties against an employer for using a previous version of the Form I-9 during a 30-day transition period that ends on December 26, 2007. Employers must transition to the revised Form I-9 not later than December 26, 2007. After the transition period, employers who fail to use Form I-9 "(Rev. 06/05/07)N" may be subject to all applicable penalties under the Immigration Naturalization Act, 8 USC 1324a, as enforced by U.S. Immigration and Customs Enforcement.
Copy of Revised Form I-9, Revised Fact Sheet and Revised Handbook – A copy of the revised Form I-9, a revised Fact Sheet and the revised Handbook for Employers are available online.
Stinson Morrison Hecker LLP is one of the country's largest law firms with more than 360 attorneys in more than 45-industry-focused areas. If you would like more information regarding this summary, please contact one of our Employment & Labor Law and Employee Benefits attorneys.
Law at Work is designed to give general information and is not intended to be a comprehensive summary or to treat exhaustively the subjects and matters covered. The information appearing herein does not constitute legal advice or opinions. Such advice and opinions are provided only upon engagement with respect to specific factual situations. Nothing contained herein shall be considered as an admission in any matter or controversy.
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