EMPLOYERS MUST USE NEW FORM I-9 TO VERIFY EMPLOYMENT ELIGIBILITY AS OF APRIL 3, 2009

U.S. Citizenship and Immigration Services (CIS) announced new rules for verifying employment eligibility, the most significant of which bars employers from relying on any expired documents. The changes became effective on April 3, 2009.

Under past regulations, U.S. passports and all "List B" documents were acceptable even if they had expired. The new regulations require the employer to only rely on unexpired documents. Consistent with this rule, CIS has eliminated from "List A" three discontinued identity cards that were last issued so long ago that any in circulation have expired. One addition to "List A" concerns citizens of Micronesia and the Marshall Islands. A number of relatively minor changes have also been made, all of which are incorporated in the new form.

Employers can access the new form and familiarize themselves with the rule changes by visiting the CIS website. CIS maintains an employer handbook pertaining to Form I-9, also available online, which has been updated to reflect the new rules.