USCIS Issues New I-9 Form (as of August 7, 2009)

The US Citizenship & Immigration Services (“USCIS”) has again revised the I-9 Form, which employers should be using as of August 7, 2009.  Notably, the USCIS will continue to accept the prior revision dated April 4, 2009, but employers are advised to start using the updated form as soon as possible for all new hires.  A copy of the form can be obtained online through the USCIS' web site:  www.uscis.gov or by clicking the following link to go directly to the revised I-9 Form:  http://www.uscis.gov/files/form/i-9.pdf.
 
All employers are required to complete an I-9 Form on all newly hired employees.  Employees must present their employer with documents evidencing that they are legally eligible for employment in the U.S. within the first three (3) days of employment.  Employers and employees each must complete and sign the relevant portion of the form: employees must complete and sign Section 1 and employers must complete and sign Section 2, including the Certification section.  Employers should review the documents presented and may copy them and attach the copies to the employee’s I-9 Form as documentation – copying is recommended but not required.  Employers may not dictate what specific documents an employee must provide, and must accept any of the documents listed on the instructions to the I-9 Form.  

If you have any questions or if you want or need to conduct an audit of your I-9 compliance, whether voluntarily or due to contractual or governmental mandate, we can help.  The attorneys at ZH have experience performing I-9 and immigration compliance audits, and Douglas Zucker has been certified as an I-9 auditor by a major national retailer.  

If you have questions about the I-9 form or immigration laws, please contact Douglas S. Zucker at DSZ@azuckerhatfield.com or Kathryn V. Hatfield at KVH@zuckerhatfield.com.