Blog Post: ...and even MORE new forms!: New I-9 TODAY!

In case it escaped your notice with all that is going on, I wanted to make you aware that the U.S. Citizenship and Immigration Services (USCIS) released a revised I-9 form, which goes into effect today, April 3, 2009.  This new form must be used to verify any employee's identity and authorization to work in the U.S. who is hired on or after April 3, 2009.   This form also must be used for any reverifications or updates made for current employees.  The revised I-9 form reduces the number of documents an employer may accept to verify a new employees' identity and eligibility to work in the U.S.  

What does this mean for you?  Well, you should study the new list of acceptable documents provided with the new Form I-9 and make sure the documents the employee has presented comply with the new requirements.  In addition, employers are no longer allowed to accept any expired documents of any kind. (Previously, employers could accept some forms of expired documentation, i.e. passports or driver's licenses). 

You may download a copy of the new Form I-9 at: http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf . In addition, USCIS has released a new Handbook for Employers that has been modified to reflect changes made to the new Form I-9.

As if that were not enough fun, as a reminder, please also complete an Affirmation of Work Status form, required by Colorado state law, for each new employee.  A copy of this affirmation form is available at: http://www.coworkforce.com/lab/affirmationform.pdf . A copy of this form, along with a copy of the supporting documentation used to complete the Form I-9, must be maintained with the Form I-9.

Why do you care?  Well, USCIS continues to conduct random audits of employers for Form I-9 compliance and assess penalties for any errors.  Better to spend a few hours becoming a mini-expert on the new I-9 procedures than spend thousands of dollars on paperwork violations later.   

Laura J. Hazen is a Director at Ireland Stapleton Pryor & Pascoe, P.C. In her employment practice, Hazen provides day-to-day advice and coaching to public and private companies on various employment matters. She also has an active litigation practice where she concentrates on representing business in all aspects of complex business and employment disputes. You can contact her by email at lhazen@irelandstapleton.com or by phone at 303-623-2700.

This article is intended as a general discussion and information on the topic covered, and is not to be construed as rendering legal advice. If legal advice is needed, you should consult an attorney. This article may not be reprinted or reproduced in any manner without prior written permission of the author.