Legal corner: Revised Form I-9, are you in compliance?

In November 2007, the United States Citizenship and Immigration Services (USCIS) introduced the new Form I-9 and a revised version of the "Handbook for Employers, Instructions for Completing the Form I-9" - both now available.

The revised form must be used for all individuals hired on or after Nov. 7, 2007, as well as for employees requiring re-verification. Employers had until Dec. 27, 2007, to comply. However, if employers missed the transition period, they could be deemed non-compliant and be subject to all applicable penalties.

The new Form I-9 reduces the number of documents accepted for establishing employee identity and employment eligibility. Five documents have been eliminated from List A of the “Lists of Acceptable Documents”: Certificate of U.S. Citizenship, Certificate of Naturalization, Alien Registration Receipt Card, Unexpired Reentry Permit and Unexpired Refugee Travel Document. Employers are not required to retroactively apply the revised document requirements to be compliant.

In addition, there are four important modifications to the revised form to be aware of:

1. List A of the “Lists of Acceptable Documents” now includes the Unexpired Employment Authorization Document.
2. The four identity verification documents that include a photograph have been consolidated into one category on List A of the “Lists of Acceptable Documents.”
3. The employee is no longer required to provide his or her social security number in Section 1, except if the respective employer participates in E-Verify.
4. Employers now have the option to sign and retain the Form I-9 documents electronically.

It’s very important for employers to ensure they are fully compliant to avoid any penalties. Going forward, consider the following action items:

1. Review all Form I-9’s for those employees hired on or after Nov. 7, 2007, to confirm use of the updated form. Employers can obtain the new Form I-9 and an updated handbook at www.uscis.gov or by calling USCIS at 800-870-3676.
2. Examine all documentation provided for Section 2, List A to confirm the employee’s documents haven’t expired. If documents are found to be expired, obtain an updated form.

Kate Bauer is a compensation consultant with RSM McGladrey. For more information, contact her at kate.bauer@rsmi.com.

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