November 2007 E-Alert
 Complying with Federal Immigration Laws:
The Federal Government Issues a New I-9 Form and Guidance

On November 7, 2007, U.S. Citizenship and Immigration Service (USCIS) issued the much anticipated New Form I-9 and a revised Handbook for Employers - Instructions for Completing the Form I-9 . Key revisions to the new Form I-9, include the removal of five documents which previously could be used as 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 are susceptible to 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.

USCIS is urging employers to implement the new Form I-9 immediately, and while a very short grace period for compliance exists, employers should take immediate action to comply with the new form and guidance.

The Handbook for Employers provides new guidance on I-9 retention, electronic signatures and e-verification. Additionally, USCIS has clearly set forth the possible civil and criminal penalties for non-compliance with the Form I-9 requirements and for knowingly hiring an unauthorized alien. Finally, USCIS has updated and added some helpful frequently asked questions.

USCIS is continuing its effort to place the burden of controlling illegal immigration on U.S. employers. We have seen this through increased enforcement efforts, the new Social Security mismatch letter rules, and the new more restrictive Form I-9. We encourage employers to audit their processes and procedures for dealing with Form I-9 documentation. If you have any questions, feel free to call any of the lawyers at the Lowenbaum Partnership, L.L.C.

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