USCIS Announces New Form I-9 Effective as of December 26, 2007

U.S. Citizenship and Immigration Service (USCIS) announced in the November 26, 2007, Federal Register that all employers must transition to the revised Form I-9 no later than December 26, 2007. (A copy of the USCIS Press Release is attached.) Accordingly, effective December 26, 2007, employers who fail to use the revised form will be subject to applicable penalties.

Points to note:

  1. The revised Form I-9 will become effective on December 26, 2007, for all new hires or re-verifications. The rule is not retroactive. Employers do not need to complete new forms for existing employees for whom an I-9 has been properly completed.
  2. The employee is not required to provide the Social Security Number in Section 1 of Form I-9, unless the employer participates in E-Verify.
  3. When re-verifying employees, employers must use the new Form I-9 along with its updated list of acceptable documents. Updating Section 3 on the old/existing Form I-9 is not an option.
  4. All previous versions of Form I-9, in English or Spanish, are no longer valid after December 26, 2007.
  5. 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.