Federal Government Issues New Form I-9
By Irving M. Geslewitz and Anne E. Larson
The U.S. Citizenship and Immigration Services (USCIS) issued a new Form I-9 on November 7, 2007, which changes aspects of the employment eligibility verification process. Employers should immediately begin using the new Form I-9 both for new hires and for employees who are required to re-verify their authorization to work in the United States.
The additions and deletions to List A (acceptable documents that establish both identity and employment eligibility) place an increased emphasis on identification that includes a photograph. The new Form I-9 adds one document to List A:
- Unexpired Employment Authorization Document that contains a photograph (I-766)
The new form then removes five documents from List A:
- Certificate of U.S. Citizenship (Form N-560 or N-561)
- Certificate of Naturalization (Form N-550 or N-570)
- Alien Registration Receipt Card (Form 1-151)
- Unexpired Re-entry Permit (Form I-327)
- Unexpired Refugee Travel Document (Form I-571)
The instructions on the form have also been changed to state that unless an employer participates in E-Verify, employees are not obligated to provide their SSN on the Form I-9. However, this revision to the form does not change the requirement that employees must provide their SSN on the Form W-4, Employee’s Withholding Allowance Certificate, or that employers must provide the SSN for each employee on the Form W-2, Wage and Tax Statement. The instructions also state that the Form I-9 may be signed and retained electronically.
If you would like to access the new Form I-9 online, click here. You might also be interested in reviewing the Department of Homeland Security's Handbook for Employers, which explains the changes and instructions for completing the Form I-9.
Anne E. Larson, Chair of the firm’s Labor & Employment practice group, concentrates her practice on management-side labor and employment matters and tries discrimination, wage and non-competition/trade secrets disputes in state and federal courts throughout the country. Business owners depend on Anne for anti-harassment training and cost-conscious advice on their hiring/firing practices, employee handbooks, and disability and leave issues. Executives rely on her negotiating skills for their compensation and severance agreements. Anne can be reached at 312.521.2728 or alarson@muchshelist.com.
Irving M. Geslewitz, a Principal in the firm's Labor & Employment and Litigation & Dispute Resolution practice groups, has extensive experience in representing employers from a broad spectrum of industries in all aspects of modern employment law, as well as traditional (union-related) labor law concerns. He regularly handles matters ranging from reviewing and helping prepare employment contracts, policies and manuals to representing clients in all types of employment-related litigation in state and federal courts and before administrative agencies. Irv can be reached at 312.521.2414 or igeslewitz@muchshelist.com.
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