Government amends immigrant-identity rules

The Department of Homeland Security U.S. Citizenship and Immigration Services office introduced an amended Form I-9, “Employment Eligibility Verification,” and the “New Handbook for Employers,” both effective Nov. 7. The DHS will not seek penalties against an organization for utilizing the prior I-9 on or before Dec. 26, 2007, but the purpose of the revision is to ensure full compliance with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Below are answers to some frequently asked questions about the revised I-9 forms.

What is the I-9 form? The form enables businesses to verify the identity of newly hired staff and their ability to legally work in the United States.

What employment eligibility documents are no longer approved? Acceptable documents only under List A are now different. List A includes documents showing both identity and employment eligibility. The following five forms are no longer reflected under List A: Certificate of United States Citizenship (Form N-560 or N-561), Certificate of Naturalization (Form N-550 or N-570), an out-of-date version of the “green card” (Form I-151), Unexpired Re-entry Permit (Form I-327), and Unexpired Refugee Travel Document (Form I-571).

What employment eligibility documents are now approved for List A? Five documents are now endorsed for List A. Four documents remain that were acceptable on the old form, except for Form I-766. These four documents are a U.S. Passport (expired or valid); a Permanent Resident Card or Alien Registration Receipt Card (Form I-551); a valid foreign passport with a temporary I-551 stamp; and an unexpired Employment Authorization Document containing a photograph (Form I-766, I-688, I-688A and I-688B).

One item approved for List A has been modified. The document, entitled “unexpired foreign passport with an attached Form I-94 indicting unexpired employment authorization,” was replaced with “an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport containing an endorsement of the alien’s nonimmigrant status, if that work status authorizes the alien to work for the employer.”

How else was the form amended? It is now voluntary for new hires to provide their Social Security numbers in Section 1 of the I-9, due to Section 7 of the Privacy Act. That number, however, must be provided if the enterprise participates in E-Verify, the employment eligibility verification program formerly known as Basic Pilot or EEV, as provided by Section 403(a)(1)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act. If an associate elects to present a Social Security card, the business must record the number in Section 2 of the I-9.

Do I have to complete a new form on all of my workers? The DHS provided for a transition time and will not penalize companies for using the old I-9 on or before Dec. 26.

Where can I obtain the new I-9?  The forms are posted on the USCIS Web site, www.uscis.gov.

Lynne Haggerman, M.S., is president/owner of Haggerman & Associates, a firm specializing in management training, retained search, outplacement and human resource consulting. She can be reached at lynne@haggermanandassociates.com.[[In-content Ad]]