Update on Recent Changes to I-9 Form
March 18th, 2009 by Brian D. Zuccaro
USCIS has again slightly revised the I-9 form and process. USCIS announced at the end of 2008 an interim final rule that narrows the list of acceptable identity documents, further specifies that expired documents are not considered acceptable forms of identification and includes changes to the employee attestation. The new interim final rule eliminates Forms I-688, I-688A and I-688B (Temporary Resident Card and older versions of the Employment Authorization Card/Document) from List A. (USCIS no longer issues these cards and any that remain in circulation have expired.)
The new interim final rule also adds to acceptable List A documentation foreign passports containing specially-marked machine-readable visas of documentation for certain citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI). In addition, the new interim final rule adds the U.S. passport card as an acceptable List A document. The new U.S. passport card is considered a List A document that may be used to show both identity and work authorization when completing the I-9. While the new passport card is limited in its uses for international travel (it may not be used for international travel by air) it is still a valid passport that attests to the person’s U.S. citizen status and identity.
The current version of the I-9 form will no longer be valid as of April 3, 2009. The original implementation date was scheduled for February 2, 2009, but that date was postponed until April 3, 2009 in order to address some issues with the new I-9 form.
As of April 3, 2009, employers must use the revised I-9 form for all new hires and to reverify any employee with expiring employment authorization.
USCIS released an updated Handbook for Employers with instructions for completing the new I-9 Form.
