You and the Law
By Murray D. Bilfield,
Attorney at Law
1-800-ABOGADO
Employer Alert: Revised USCIS Form I-9 Now Required for Each New Employee Hired
U.S. Citizenship and Immigration Services (USCIS) recently announced that a revised Employment Eligibility Verification Form (I-9) is now ready for use. All U.S. employers are required to complete a Form I-9 for each new employee hired in the United States. The Form I-9 has been in use and required since the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The revisions are very important because five documents previously used for proof of identity and employment eligibility are now prohibited for such use. The following documents previously permitted as proof of identity and eligibility may no longer be accepted:
< certificate of U.S. citizenship (Form N-560 or N-570)
< certificate of naturalization (Form N-550 or N-570)
< alien registration receipt card (Form I-151)
< unexpired re-entry permit (Form I-327)
< unexpired refugee travel document (Form I-571)
The reason the above five forms are no longer accepted is because they lack features to deter or detect counterfeiting, tampering and fraud. The following is part of the revised list of acceptable documents for determining employment eligibility verification:
< U.S. passport (unexpired or expired)
< permanent resident card (Form I-551)
< unexpired foreign passport with a temporary I-551 stamp
< unexpired employment authorization document that contains a photograph (Form I-766, I-688, I-688A or I-688B)
< unexpired foreign passport with an unexpired arrival/departure record (Form I-94 for non-immigrant aliens authorized to work for a specific employer)
USCIS encourages employers begin using the revised Form I-9 immediately. The effective date for using the form will occur very shortly. Form I-9 and the Employer Handbook are available as downloadable PDF files at www.uscis.gov or can be ordered by calling 1-800-870-3676
Please note that this column contains general legal information and is not intended to provide solutions to specific cases. Every case is different and requires individual review by an attorney of your own choosing, licensed in your state.
Editor's Note: Murray D. Bilfield is the managing partner of the Cleveland, Ohio law firm of Bilfield & Associates Co., L.P.A. Specific questions may be directed to him at 1-800-ABOGADO.
