Just Around the Corner: The Revised Form I-9

By Ronald G. Guerra

The U.S. Citizenship and Immigration Services ("USCIS"), a department of the Department of Homeland Security, will implement the revised Form I-9 beginning April 3, 2009. All employers that hire or rehire employees on or after April 3, 2009 must begin using the revised Form I-9.

In preparation for the use of the revised Form I-9, USCIS has also issued a revised Handbook for Employers, Form M-274. The revised handbook should be reviewed and used by persons that manage the employer's Form I-9 compliance. The revised handbook has numerous examples of the documents which are acceptable for establishing the identity and employment eligibility of new employees. It also contains detailed instructions for completing the Form I-9.

Employers should take note of major changes in the revised Form I-9. These changes become effective on April 3, 2009, and were first announced in December 2008. The changes include:

• Expired documents will no longer be acceptable, i.e., expired U.S. Passport, state-issued driver's license, or ID card;
• Some immigration documents have been removed from the approved list, i.e., Employment Authorization Document that contains a photograph and bearing form numbers I-688, I-688A, or I-688B;
• New U.S. Passport Card is an acceptable List A document; and
• Passports from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or I-94A indicating nonimmigrant admission under the Compact of Free Association between the United States and the FSM or RMI are now acceptable List A documents.

Detailed explanations of each document and the proper procedures for completing the Form I-9 can be found in the revised Handbook for Employers. Employers should ensure that they begin using these new, revised materials beginning April 3, 2009.

Obtain a copy of the revised Form I-9.

Download a copy of the revised Handbook for Employers, Form M-274.

Published March 30, 2009

This article is intended to inform the reader of general legal principles applicable to the subject area. It is not intended to provide legal advice regarding specific problems or circumstances. Readers should consult with competent counsel with regard to specific situations.

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