Employment Eligibility Verification
Form I-9

U.S. Citizenship and Immigration Services (USCIS) has announced that a revised Employment Eligibility Verification Form (I-9) is now available for use. All employers are required to complete a Form I-9 for each employee hired in the United States.

USCIS Revises Employment Eligibility Verification Form I-9

Revision eliminates certain documents for employment verification

U.S. Citizenship and Immigration Services (USCIS ) has issued a revised Form I-9, Employment Eligibility Verification, and M-274, Handbook for Employers, Instructions for Completing the Form I-9. The revised form is now available for use.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) mandated a reduction in the number of documents that employers may accept from newly hired employees during the employment eligibility verification process. In 1997, the former Immigration and Naturalization Service (INS) published an interim final rule in the Federal Register eliminating some of the documents IIRIRA slated for removal. However, Form I-9 was not updated to reflect the revised List of Acceptable Documents at that time. USCIS has revised Form I-9 to bring it into compliance with the 1997 regulation as a first step toward achieving the document reduction goals set out in IIRIRA.

The most significant change to the revised Form I-9 is the elimination of five documents from List A of the List of Acceptable Documents. This and other minor revisions are detailed below.

The revision seeks to achieve full compliance with the document reduction requirements of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which reduced the number of documents employers may accept from newly hired employees during the employment eligibility verification process. The revised Form I-9 is a further step in USCIS' ongoing work toward reducing the number of documents used to confirm identity and work eligibility.

Key to the revision is the removal of five documents for proof of both identity and employment eligibility. They include:

• Certificate of U.S. Citizenship (Form N-560 or N-570);
• Certificate of Naturalization (Form N-550 or N-570);
• Alien Registration Receipt Card (Form I-151);
• The unexpired Reentry Permit (Form I-327); and the
• Unexpired Refugee Travel Document (Form I-571).

The forms were removed because they lack sufficient features to help deter counterfeiting, tampering, and fraud.

Additionally, the most recent version of the Employment Authorization Document (Form I-766) was added to List A of the List of Acceptable Documents on the revised form. The revised list now includes:

• A U.S. passport (unexpired or expired);
• A Permanent Resident Card (Form I-551);
• An unexpired foreign passport with a temporary I-551 stamp;
• An unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, or I-688B); and an
• Unexpired foreign passport with an unexpired Arrival-Departure Record (Form I-94) for nonimmigrant aliens authorized to work for a specific employer.

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. However, DHS will publish a Notice in the Federal Register that provides employers with a 30-day period, beginning on date of publication of the Notice, to transition to the new Form I-9. The revision date of the Form I-9 is printed on the lower right corner of the form and states "(Rev. 06/05/07)N". Both the revised form and the "Handbook for Employers, Instructions for Completing the Form I-9" are available online at www.uscis.gov.

Please note the following additional changes to the Form I-9 process:

• Instructions regarding Section 1 of the Form I-9 now indicate that the employee is not obliged to provide his or her Social Security number in Section 1 of the Form I-9, unless he or she is employed by an employer who participates in E-Verify.
• Employers may now sign and retain Forms I-9 electronically. See instructions on page 2 of the Form I-9.

For Additional Information

To order forms, call USCIS toll-free at 1-800-870-3676. For forms and information on immigration laws, regulations, and procedures, call the National Customer Service Center at 1-800-375-5283.

• USCIS Revises Employment Eligibility Verification Form I-9 (42KB PDF)
• Fact Sheet: USCIS Revises Employment Eligibility Verification Form I-9 (50KB PDF)
• Download Form I-9 and Additional Information

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FAQs: Questions and Answers

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 our 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:

1. Certificate of U.S. Citizenship (Form N-560 or N-561)
2. Certificate of Naturalization (Form N-550 or N-570)
3. Alien Registration Receipt Card (I-151)
4. Unexpired Reentry Permit (Form I-327)
5. 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.

The estimated reporting burden under the Paperwork Reduction Act has changed to reflect the latest estimates and, finally, the format, font, organization, and grammar of the text have been improved to make Form I-9 more readable and user-friendly.

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 kept it in the employer's records. Employees may also use or ask for a translator/preparer to assist them in completing the form.

Q: Are employers in Puerto Rico required to use the Spanish version of Form I-9?

A: No. Employers in Puerto Rico may use either the Spanish or the English version of the new Form I-9 to verify employees. Employers in Puerto Rico may not use the expired 1988 Spanish or English edition of Form I-9.

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.

Q: When should employers begin using the version of Form I-9 marked with a revision date of "(Rev. 06/05/07)N"?

A: Employers must use the amended Form I-9 (Rev. 06/05/07)N for all individuals hired on or after November 7, 2007. However, DHS recognizes that employers should be afforded a period of time to transition to the amended Form I-9. DHS will publish a Notice in the Federal Register announcing that it will not seek penalties against an employer for using a previous version of the Form I-9 during a 30 day transition period that begins on date of publication of the Notice. After the transition period, employers who fail to use Form I-9 (Rev. 06/05/07)N may be subject to all applicable penalties under section 274A of the INA, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE).

Q: Do I need to complete the new version of Form I-9 for all my employees or just the new ones?

A: Employers only need to complete the new version of Form I-9 (Rev. 06/05/07)N for new employees. Employers do not need to complete new forms for existing employees. However, employers must use the Form I-9 (Rev. 06/05/07)N when their employees require re-verification.
For Additional Information:

• USCIS Employment Eligibility Verification
• Download I-9 (158KB PDF)
• Download I-9 (Spanish version) (750KB PDF)

Note: The Spanish version of Form I-9, may be filled out by employers and employees in Puerto Rico ONLY. Spanish-speaking employers and employees in the 50 states and other U.S. territories may print this for their reference, but may only complete the form in English to meet employment eligibility verification requirements.

Fore more information, please visit the Immigration section on www.BenefitsEssentials.com.

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