On November 26, 2007, the United States Citizenship and Immigration Services (“USCIS”) announced the deadline for employers to begin using a new version of Form I-9, the Employment Eligibility Verification Form, which can be found at www.uscis.gov/files/form/i-9.pdf. The USCIS has also revised and updated the instructions for completing Form I-9 and the Handbook for Employers: Instructions for Completing the Form I-9, which can also be accessed at www.uscis.gov/files/nativedocuments/m-274.pdf.

As a reminder, employers are required to complete Form I-9 for each new or rehired employee on or before the first day of employment. Within three business days, employers must review the employee’s original document(s) to verify the employee’s identity and employment authorization. Employers are not required to update or re-verify I-9 documentation for continuing employees for whom a previous version of Form I-9 had been used.

The new version of Form I-9 is available for use immediately. As of December 26, 2007, employers are required to use the updated version of Form I-9 for all new or rehired employees.

The content of the new Form I-9 is essentially the same. However, important changes have been made to the list of documents acceptable for demonstrating an employee’s identity and employment authorization.

Two noteworthy changes include the following:

1.  An employee is not required to provide a social security number at the time he/she completes Form I-9.

The revised I-9 instructions clarify that an employee is not required to provide a social security number in Section 1 of Form I-9 at the time he or she completes the form, unless the employer is participating in the Department of Homeland Security’s pilot E-Verify program. This new instruction should reduce confusion when processing Form I-9 for employees who have not yet received their social security numbers at the time they begin employment. An employee must report his/her social security number to the employer as soon as the number is assigned.

2. Changes to List A.

List A indicates the documents that may be used to establish both an employee’s identity and employment eligibility. List A is found on page 2 of Form I-9.

i.  The “Unexpired Employment Authorization Document (I-766)” was added to List A as a document acceptable for establishing both identity and employment eligibility. Please note that all of the acceptable photo employment authorization documents are now included as one item on List A. These include: Forms I-688, I-688A, I-688B, and I-766.

ii.  Five documents have been removed from List A. These documents are no longer acceptable for purposes of completing 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 (I-151)
• Unexpired Reentry Permit (Form I-327)
• Unexpired Refugee Travel Document (Form I-571)

iii.  List A now clarifies that a valid foreign passport, accompanied by an unexpired I-94 card (Arrival-Departure Record) indicating an employment-based status, are acceptable to prove both identity and employment authorization.

For example, H-1B status authorizes an employee to work for a specific employer. When completing Form I-9, an H-1B employee may present his/her valid foreign passport (which establishes identity) and an unexpired I-94 card indicating H-1B status (which establishes employment authorization). The employee does not need any additional employment authorization or documentation from the USCIS to work in the United States for the H-1B employer.

If you have any questions about completing the new Form I-9 or any other immigration issues, please contact a member of the Employment, Benefits and Labor Practice Group of Blank Rome LLP.