On December 17, 2008, U.S. Citizenship and Immigration Services (USCIS) published its new rule updating the list of acceptable documents for employment eligibility verification, and announcing certain changes to Form I-9. This Rule amends the list of documents employers may accept to verify employment authorization using Form I-9, Employment Eligibility Verification. The Rule will be effective on February 2, 2009 and a new Form I-9 will be released on February 2nd on the USCIS website. An informational copy of the new I-9 is included in the Federal Register publication of the Rule.

The most notable change in the Rule is that no expired documents will be acceptable for employment verification. In the past, an expired US passport was an acceptable document for proof of identity and US employment authorization. The Rule also makes other changes to the types of documents that are acceptable, removing several documents that are no longer in circulation.

As noted above, the Rule is not effective until February 2, and employers should continue to use the current version of Form I-9 and the list of acceptable documents until that date. Employers are also not required to update or replace any I-9 Forms they completed prior to February 2, 2009; those Forms will continue to be valid. However, if employers must reverify the employment authorization for any employee after February 2, the employer must use the new I-9 Form and the new list of acceptable documents. USCIS has issued a press release and FAQ on the Rule.

Jackson & Hertogs is available to assist employers with I-9 compliance, as well as provide guidance and counseling on how employers may set up an electronic I-9 program. Please contact your Jackson & Hertogs attorney if you have questions or need assistance with I-9 compliance.

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