Employers must begin using revised I-9s: no match rule undergoes revision

Mushroom News, Jan, 2008 by Laura Phelps

As of December 26, 2007, employers are required to use the newly revised I-9 form, according to the U.S. Citizenship and Immigration Services (USCIS). Employers who do not use the revised I-9 form on or after that date will be subject to all applicable fines and penalties under the Immigration and Nationality Act.

The revised I-9 form reduces the number of documents employers may accept during the employment eligibility verification process. The most significant change to the revised I-9 form is the elimination of five documents from List A.

Questions & Answers On Revised I-9 Forms:

Q Where can I get the new Form I-9 (Rev. 06/05/07)N and the Employer Handbook (M-274)?

A Both Form I-9 and the Employer Handbook are available as downloadable PDFs at www. uscis.gov. Employers without computer access can order USCIS forms by calling the toll-free number at 1-800/870-3676. Individuals can also request USCIS forms and information on immigration laws, regulations, and procedures by calling the National Customer Service Center toll-free at 1-800/375-5283.

Q What is the difference between the revised Form I-9 and the old one?

A Five documents have been removed from List A of the List of Acceptable Documents:

* Certificate of U.S. Citizenship (Form N-560 or N-561)

* Certificate of Naturalization (Form N-550 or N-570)

* Alien Registration Receipt Card (I-151)

* Unexpired Reentry Permit (Form I-327)

* Unexpired Refugee Travel Document (Form I-571)

One document was added to List A of the List of Acceptable Documents:

* Unexpired Employment Authorization Document (I-766)

All the Employment Authorization Documents with photographs that are in circulation are now included as one item on List A:

* I-688, I-688A, I-688B, I-766

Instructions regarding Section 1 of Form I-9 now indicate that the employee is not obliged to provide the Social Security Number in Section 1 of Form I-9, unless he or she is employed by an employer who participates in E-Verify. The section on Photocopying and Retaining Form I-9 now includes information about electronically signing and retaining I-9 forms.

Q Can I accept documents that used to be on the Form I-9 but aren't now?

A No. Employers may only accept documents listed on the List of Acceptable Documents on Form I-9. When re-verifying employees, employers should ensure that they use the new Form I-9 with its updated list of acceptable documents.

Q Are there any changes in the way the new Form I-9 is completed?

A No. The updated form should be completed exactly the same way as the old one was. The only difference is the types of documents that employers may accept in Section 2.

Q Is the Form I-9 available in different languages?

A The Form I-9 is available in English and Spanish. However, only employers in Puerto Rico may have employees complete the Spanish version for their records. Employers in the 50 states and other U.S. territories may use the Spanish version as a translation guide for Spanish-speaking employees, but must complete the English version and keep it in the employer's records. Employees may also use or ask for a translator/preparer to assist them in completing the form.

Q What versions of Form I-9 are valid for use?

A As of November 7, 2007, the Form I-9 with a revision date of June 5, 2007 is the only version of the form that is valid for use. The revision date is printed on the lower right corner of the form and states "(Rev. 06/05/07) N." All previous versions of Form I-9, in English or Spanish, are no longer valid. The 1988 version of Form I-9 in Spanish expired in 1991.

Department of Homeland Security Reviews No-Match Rule

The Department of Homeland Security (DHS) has announced plans to revise its proposed no-match rule entitled Safe-Harbor Procedures for Employers Who Receive a No-Match Letter. This rule is the subject of current litigation challenging the implementation of the rule because it would use the Social Security no-match records as a tool for immigration enforcement.

On October 10, 2007, a federal court in California issued a preliminary injunction preventing DHS and the Social Security Administration (SSA) from implementing the new rule. As a result, DHS requested that this lawsuit be placed on hold until March 2008 because DHS plans to revise and re-publish the rule. The court granted the DHS request to stay the litigation, but will require DHS to report monthly on its progress in publishing a revised rule.

The Social Security Administration has also announced that it will not be sending out no-match letters to employers this year because of the lawsuit challenging the DI IS worksite enforcement regulations.

The decision not to send out the letters based on 2006 tax year data means SSA is not likely to send out any letters until at least spring of 2008, SSA spokesman Mark Hinkle said. By not sending out the letters and waiting until 2008, Hinkle said SSA will not have issued any employer no-match letters during 2007.

A federal judge in California Oct. 10 granted a preliminary injunction barring SSA from sending out the no-match letters because for the first time the letters were to include language threatening possible immigration law criminal and civil liability for employers that failed to respond to the letters.