DHS Releases Amended I-9 Form and Intends to Issue Amended No-Match Rule
The U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security (DHS) has published a revised I-9 form and a new handbook for employers on November 26. Employers must use the revised form for all new employees hired in the U.S. as of December 26, 2007.
Key to the revision is the removal of the following five documents for proof of both identity and employment eligibility due to the absence of features to help deter counterfeiting, tampering, and fraud:
1. Certificate of U.S. Citizenship (Form N-560 or N-570)
2. Certificate of Naturalization (Form N-550 or N-570)
3. Alien Registration Receipt Card (Form 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 on the revised form: the most recent version of the Employment Authorization Document (Form I-766).
The revised form also advises employees that providing their Social Security number in Section 1 of the form is voluntary unless their employer participates in DHS’s E-Verify employment eligibility verification program (formerly known as the Basic Pilot Program). If an employee does present a Social Security card as evidence of work authorization, then the employer must record the employee’s Social Security number in section 2 of the form.
In other immigration enforcement news, Judge Charles Breyer of the U.S. District Court for the Northern District of California, on December 14 granted a motion by DHS to stay proceedings in the AFL-CIO-initiated lawsuit challenging the “no-match rule” published by DHS in August. DHS filed the motion on November 23 in light of its intent to issue an amended proposed rule that will take into consideration concerns raised by Judge Breyer in an October preliminary injunction blocking implementation of the rule. DHS also filed a notice of appeal of the preliminary injunction on December 5. The December 14 order gives DHS until March to develop a new or amended regulation.
Although the litigation does not prevent the Social Security Administration (SSA) from sending out no-match letters in the usual manner – i.e., without reference to the no-match rule – SSA has stated that it does not plan to send any further employer no-match letters this year. The next batch of letters is expected to relate to the 2007 tax year and to be sent no sooner than the spring of 2008.
AGC will continue to monitor these matters and keep members informed of significant developments.
Click here for a fillable, savable copy of the revised I-9 form. Click here for the USCIS’s “Handbook for Employers, Instructions for Completing the Form I-9.” Click here to view the Federal Register notice announcing the release of the revised form and handbook.
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