New
Form I-9 is Released
As a result of 1997
interim regulations, Citizenship and Immigration Services (CIS) has finally
revised the Form I-9 and published an updated Handbook for Employers to aid in
completion of the form. Employers are encouraged to start using
the new form immediately for all new hires. Use of the new form will not
become mandatory until CIS publishes formal notice in the Federal Register .
As a reminder, all employers must complete an Employment Eligibility
Verification Form (I-9) for all employees working in the United States,
citizens and noncitizens, hired after November 6, 1986.
The specific revisions
to the Form I-9 merely include removal of five documents from List A of
the List of Acceptable Documents (including US Citizenship Certificate,
Naturalization Certificate, former version of an Alien Registration Receipt
Card, Unexpired Reentry Permit, and Unexpired Refugee Travel Document).
Also, one additional form of an Employment Authorization Document (Form
I-766) has been added to List A. Review the updated Form I-9 and
Instructions.
The revised Handbook for Employers,
Instructions for Completing the Form I-9 (M-274) consists of
some long-awaited improvements, including color photo examples of the
acceptable documents that may be presented by employees in satisfaction of
I-9. The forty-seven page Handbook also includes, as in the prior edition,
a comprehensive question and answer section.
These changes are
intended to reduce the number of documents used to confirm identity and work
eligibility, and no doubt, are occurring now in conjunction with the Department
of Homeland Security's (DHS) new worksite enforcement priorities surrounding
illegal immigration and national security concerns. Under the Immigration
Reform and Control Act of 1986 (IRCA) which established I-9 obligations,
employers may be subject to civil and criminal penalties and fines for
knowingly hiring and/ or continuing to employ an unauthorized foreign
national. The statute also provides for "paperwork" violations
for failure to properly complete and maintain I-9 records and DHS has
publicized numerous recent examples where they have reached beyond IRCA to
prosecute egregious violators under various criminal statutes.
Any employer with
questions regarding their I-9 obligations, compliance requirements (including
receipt of Social Security "mismatch" letters), or interest in formal
I-9 compliance training, should contact Jenifer Brown
at (317) 236-2242 or another member of the Immigration Practice Group.
This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.