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New I-9 Forms

Effective April 3, 2009, employers must use a revised I-9 Employment Eligibility Verification Form for all newly hired employees and employees that need to be reverified. The new Form I-9 reflects a revised list of documents that employers may accept to verify employment eligibility. Specifically, the following documents are no longer acceptable forms of identification:

• Form I-688, Temporary Resident Card;
• Form I-688A, Employment Authorization Card; and
• Form I-688B, Employment Authorization Card.

The following forms have been added to the list of acceptable forms of identification:
• A temporary I-551 printed notation on a machine-readable immigrant visa in addition to the foreign passport with a temporary I-551 stamp; and
• A passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with a valid Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI.

Additionally, employers may no longer accept expired documents from employees during the verification process because these documents may not reflect a valid status and are subject to tampering and fraudulent use. If a document does not contain an expiration date, such as a Social Security card, it is considered unexpired and may be used.

If an employee must be reverified because employment authorization has expired, employers should ensure that they use the revised Form I-9. An employer can verify whether it is using the latest version of the Form I-9 by referring to the bottom right hand corner of the document which should read “Rev. 02/02/09.”

Employers may download at no cost the revised Form I-9 at http://www.uscis.gov/files/form/i-9.pdf and the Handbook for Employers containing instructions for completing the Form I-9 at http://www.uscis.gov/files/nativedocuments/m-274.pdf

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