News and Events
News and Events Archive
Pro Bono
Community Activities
    [Legal Update]  - From the C&W Employment & Labor Practice Group
  

New  Form  I-9  Available  In  January


patty web site.jpg
Patty Wise
419-724-3321
e-mail Patty

MLockhart_0203.JPG
Margaret Lockhart
419-249-0260
e-mail Margaret

RDorner_0179.JPG
Renisa Dorner
419-724-3322
e-mail Renisa

SClark_0138.JPG
E. Sharon Clark
419-249-0253
e-mail Sharon

On December 12, 2008, U.S. Citizenship and Immigration Services (CIS) announced an interim final rule to modify the Employment Eligibility Verification Form I-9. The new I-9 form will be effective 45 days from the date of the interim final rule. The two major changes concern the acceptable documents for verifying a new employee's identity and a prohibition from accepting expired identification documents. Employers must complete and maintain an I-9 form for all employees. Form I-9 must be kept by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. The I-9 is not required to be filed with any governmental agency.  The new I-9 form should be available on the CIS website (http://www.uscis.gov/i-9) toward the latter part of January 2009.

Reduction of Acceptable Documents in “List A”

The new I-9 form reduces the number of acceptable documents employees may provide to verify their authorization to work in the United States. Employers are no longer able to accept a Temporary Resident Card or older versions of the Employment Authorization Card/Document (Forms I-688, I-688A and I-688B). All of these documents, which are no longer being issued, have expired.

Additional Acceptable Documents in "List A"

The following documents are now acceptable in List A:

· Foreign passport containing a temporary I-551 printed notation on a machine-readable visa.

· Passport with a valid Form I-94 or Form I-94A showing admission as a nonimmigrant for citizens of the Federated States of Micronesia and the Republic of the Marshall Islands

· U.S. Passport Card New Attestation Provision in Section 1 of the Form I-9

New Attestation Provision

A minor modification in the form will allow the employee to attest to being either a citizen or a non-citizen national of the United States. Information about non-citizen nationals can be found at the U.S. State Department’s website at www.travel.state.gov.  Typically, non-citizen nationals include persons born in American Samoa, some former citizens of the former Trust Territory of the Pacific Islands and some children of non-citizen nationals born abroad.

JFoley_0105.JPG
Janis Foley
419-249-0262
e-mail Janis

MMcKee_0163.JPG
Miles McKee
419-249-0257
e-mail Miles

DCitrino_0305.JPG
Diane Citrino
216-624-4055
e-mail Diane

Beth W.jpg
Beth Wilson
419-249-0254
e-mail Beth

< Return to News and Events