1. FEATURE STORY:
NEW FORM I-9 MUST BE USED STARTING FEBRUARY 2
On December 17, 2008, the Department of Homeland Security (DHS) published an interim final rule revising Form I-9, Employment Eligibility Authorization. Effective February 2, 2009, the new form must be used to verify all new hires and to reverify any employee with expiring employment authorization. You must discontinue using the form dated 06/05/07.
These are the major changes made by the DHS.
1. Expired documents are no longer acceptable. Previously, employers could accept a U.S. passport and all List B documents even if they were expired. Now, no expired documents are acceptable. Reason: Expired documents are prone to fraudulent use, and unexpired documents are more likely to contain up-to-date security features that will make them less vulnerable to counterfeiting and fraud.
2. Passport cards were added to List A alongside U.S. passports.
3. A provision was added to List A for citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI).
4. The List A reference to temporary I-551 "stamps" on unexpired foreign passports now includes pre-printed temporary I-551 notation on machine-readable immigrant visas.
5. Forms I-688, I-688A, and I-688B are no longer acceptable. Reason: They are no longer issued, and the DHS has determined that any such documents that were previously issued have expired.
6. Form I-94A has been included next to each reference to Form I-94. The only difference between the two forms is that the fields in Form I-94A are computer-generated, while Form I-94 is annotated by hand.
7. References to Social Security account cards, more commonly known as Social Security cards, are updated. Such cards are now referred to as Social Security account number cards. Also, the new rule reflects the current statutory language for employment restrictions, which has changed over the years.
8. The term "employment eligibility" is replaced with "employment authorization."
9. References to "INS" are deleted or replaced with "DHS."
10. References to Certificates of Birth Abroad are corrected in List C. Form FS-545 is entitled "Certification of Birth Abroad"; Form DS-1350 is entitled "Certification of Report of Birth."
11. Section 1 of the I-9 form lists citizens and non-citizen nationals separately.
12. The I-9 form instructions clarify when employers need to reverify certain employees. Reverification does not apply to aliens whose work authorization does not expire (e.g., asylees, refugees, certain citizens of the FSM or RMI), unless they choose to present employment authorization that contains an expiration date (e.g., Form I-766).
Download the new I-9 form at: http://www.legalworkplace.com/hiring-free-forms.aspx.
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