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New I-9 Form Released by Department of Homeland Security

January, 27 2009

Update

Since we posted the artcile below,  U.S. Customs and Immigration Service has delayed implementation of the new I-9 until April 3, 2009.  In the meantime, employers must continue to use the old I-9 form, available by clicking here.  You can read more about the delay on our website by clicking here.

New I-9 Form

The Department of Homeland Security's U.S. Customs and Immigration Service has issued a new I-9 form for use beginning February 2, 2009.  The form was issued as part of an interim final rule issued by the agency.  The new rule and new I-9 form incorporate several changes:

• All documents presented by the employee must be unexpired (Note: documents with no expiration date are considered unexpired)
• Certain temporary residency cards and outdated employment authorization cards have been eliminated from the list of acceptable documents
• Certain other documents, including foreign passports with machine readable immigrant visas and valid passports of citizens of the Federated States of Micronesia and the Republic of the Marshall Islands, have been added as acceptable documents.

IMPORTANT: Employers should continue to use the previous version of the I-9 (revised 6/5/07) until February 2, 2009.  Beginning February 2, 2009, employers must use the new version of the I-9 for all new hires.  The new version contains a revision date of 2/2/09.  Using the old version of the I-9 may subject the employer to a civil money penalty.  Employers may download a copy here, or visit the USCIS's I-9 website for a copy.  If you have any questions about your organization's responsibilities to verify employment eligibility under federal law, or under the South Carolina Immigration Reform Act, please contact us.

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