USCIS has released the new Form I-9 required to be completed by all employers to verify a new employee is authorized to work in the United States. The most significant change is the removal of five documents from the list of those that may be used to verify identity and employment eligibility and the addition of one new, acceptable document, according to the press releases issued by USCIS Nov. 7.
Employers should immediately begin using the updated I-9 for any new employees. Employers do not need to fill out the new form for existing employees, but will need to use it when re-verification is required.
The five documents that are no longer acceptable proof of identity or employment are:
• Certificate of U.S. Citizenship (Form N-560 or N-561)
• Certificate of Naturalization (Form N-550 or N-570)
• Alien Registration Receipt Card (I-151)
• Unexpired Reentry Permit (Form I-327)
• Unexpired Refugee Travel Document (Form I-571)
One new document was added to List A of the List of Acceptable Documents:
• Unexpired Employment Authorization Document (I-766)
USCIS said these forms were removed because they lack features to help deter counterfeiting, tampering, and fraud.
The new, acceptable document is the most recent version of the Employment Authorization Document (Form I-766).
In total, the revised list of acceptable documents now includes:
• 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 nonimmigrant aliens authorized to work for a specific employer
The Form I-9 is available in English and Spanish. However, only employers in Puerto Rico may have employees complete the Spanish version for their records. Employers in the 50 states and other U.S. territories may use the Spanish version as a translation guide for Spanish-speaking employees, but must complete the English version and keep it in the employer’s records. Employees may also use or ask for a translator/preparer to assist them in completing the form.
The new Form I-9 and M-274 handbook with detailed instructions for completing the form are available on the USCIS website. Brief instructions are available here. Forms may also be obtained by calling USCIS at 1-800-870-3676 or the national customer service center at 1-800-375-5283.