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Employment Edge 98th Edition—Revised Form I-9 Goes Into Effect Today

A publication of Gray Plant Mooty

Date: 04/03/2009

Effective today, April 3, 2009, all employers must use a newly revised Form I-9, Employment Eligibility Verification, for all new employees and for re-verification of certain employees with temporary work authorization. Although employers are required to use the new form going forward, employers should not go back and complete a new Form I-9 for current employees. The revised Form I-9 is available from the USCIS Web site or by clicking here.The following is a list of the most significant changes in the revised Form I-9:

  • All documents presented to the employer during the I-9 verification must now be unexpired. Previously, employers could accept certain expired documents to establish identity, including expired drivers’ licenses (under List B) and U.S. passports (under List A).
  • List A identity and employment authorization documents no longer include the Temporary Resident Card (Form I-688), Employee Authorization Card (Form I-688A), or Employment Authorization Card (Form I-688B).
  • List A now includes (1) foreign passports containing the I-551 permanent residence notation printed on a machine-readable immigrant visa, (2) the new U.S. Passport Card, and (3) passports and other documents for citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.

            Additional information about the revised Form I-9 and the updated USCIS Handbook for Employers, Instructions for Completing the Form I-9 is available on the USCIS Web site, which you can access by clicking here.

            If you have any questions about the new Form I-9 or other employment or immigration law issues, please contact Casey NolanMark Mathison, or another member of Gray Plant Mooty’s Employment Law practice group.

This article is provided for general informational purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. You are urged to consult a lawyer concerning any specific legal questions you may have.

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