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Employment Law News: New I-9 Form Released

November 8, 2007

A form all employers must fill out for new employees has been revised by the U.S. Citizenship and Immigration Services (USCIS). Known as the I-9, the form requires employers to verify that new hires are eligible to be employed in the United States.

Although the revised I-9 form will not technically become effective until notice is published in the Federal Register, the USCIS is asking employers to being using it immediately. The new form eliminates five documents from the list of those acceptable in completing the form and adds one additional document that can be used. Employers may only accept documents that are listed on the form. According to the USCIS web site, the current form will be accepted only until December 7, 2007.

Employers do not need to purchase the I-9. It and a related handbook with instructions are available for download at www.uscis.gov. Employers without online access can order the forms by calling the USCIS at 1-800-870-3676.

It is not necessary for employers to complete new I-9 forms for existing employees, only new hires. If, however, an employer is required to re-verify an existing employee’s employment authorization, it should use the new form.

DEHS can assist employers with questions regarding the new form or issues that arise in the hiring process. In addition, Tim Gebhart of the law firm is available to assess, draft or review written I-9 policies, conduct full or partial audits of existing I-9 forms, or provide on-site or off-site training for those responsible for I-9 forms.

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