The US Department of Homeland Security (DHS) has again revised Form I-9 for verifying the employment authorization of new employees and employees requiring re-verification. The revised form is effective February 2, 2009. 

Significant changes to the revised Form I-9 include the following:

• DHS will now require that all documents presented to the employer as part of the employment eligibility verification process must be unexpired (previously, an employee could provide an expired US passport or expired List B documents).

• DHS has eliminated Employment Authorization Document Forms I-688, I-688A and I-688B from List A.  Foreign nationals that had been issued these documents in the past should have replaced them with the new Employment Authorization Document, Form I-766, which is still an acceptable List A document.

• DHS clarifies that the Social Security account number card referenced in List C is not acceptable for Form I-9 purposes if the card “specifies on its face that the issuance of the card does not authorize employment in the United States.”

The revisions also make certain technical corrections and updates. 

Although this revision is effective February 2, 2009, DHS is soliciting comments on these changes. Written comments must be submitted on or before February 2, 2009, the same date on which the revised Form I-9 goes into effect. Employers who do not use the revised Form I-9 as of the February 2, 2009 effective date may face penalties. Employers are not required to complete the revised Form I-9 for existing employees, unless the employee requires re-verification.

The Federal Register notice announcing the revisions is available at 73 Fed. Reg. 76505 (Dec. 17, 2008). The revised Form I-9 is expected to be posted under the “Immigration Forms” section of US Citizenship and Immigration Services’ Web site.

If you have any questions regarding the revised Form I-9 or other immigration-related matters, please contact any member of Arent Fox’s immigration compliance and enforcement practice.

Stewart Manela
manela.stewart@arentfox.com
202.857.6364

Nancy Noonan
noonan.nancy@arentfox.com
202.857.6479

Kristine Dunne
dunne.kristine@arentfox.com
202.857.6385