Revisions to Form I-9 Proposed

U.S. Citizenship and Immigration Services (USCIS) announced proposed revisions to the Form I-9. Employers must use the Form I-9 to verify the eligibility of employees to legally work in the United States. 

The USCIS also made the draft of the revised Form I-9 available to interested parties and invited public comment. 

The USCIS said key revisions to the form include:

• Expanded Form I-9 instructions and a revised layout.
• New, optional data fields to collect the employee’s email address and telephone number.
• New data fields to collect the foreign passport number and country of issuance. (Only aliens authorized to work in the U.S. who have also recorded their I-94 admission number on Form I-9 will need to provide the foreign passport number and country of issuance.)

Until the USCIS approves and posts a new version of the form, continue using the current Form I-9 (available from HRCalifornia.com and from the USCIS website).

Comments will be accepted until May 29, 2012. For information on submitting comments, visit the Federal Register notice published by the USCIS.

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

CalChamber members can visit the HR Library’s verifying eligibility for employment section for more information (sign in required). Not a member? See what you're missing.

Final Form I-9 Rule Adopted

Effective May 16, 2011, employers must follow the newly finalized Form I-9 rule.

The final rule:

• Prohibits employers from accepting expired documents;
• Revises the list of acceptable documents by removing outdated documents and making technical amendments; and
• Adds documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands. 

The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into “List A” documents, which show identity and employment authorization; “List B” documents, which show identity only; and “List C” documents, which show employment authorization only. 

U.S. Citizenship and Immigration Services (USCIS) said employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009).  Also, the USCIS said the Handbook for Employers, Instructions for Completing the Form I-9 (M-274), was updated on Jan. 5, 2011.

Seminar Wrap-Up and New Form I-9 Handbook from USCIS

We are back in Sacramento after two weeks of seminars all over the state, visiting with lots of employers, and discussing what is new for 2011 and what 2012 might bring.

Thanks again for all the great questions and discussions these last two weeks.

Employment Law Tip of the Day:  The U.S. Citizenship and Immigration Services (USCIS) has issued a new Handbook for Employers.

Great information in here — check out Q&A 33 — how to correct a mistake on an employee’s Form I-9. (Instructions for completing Form I-9)

Erika Frank and Susan Kemp

ICE Turns Up the Heat on Employers

In May, we informed you that the Department of Homeland Security (DHS) announced a major shift in the worksite enforcement program conducted by Immigration and Customs Enforcement (ICE), and now we've seen some of the results of that enforcement.

ICE is the largest investigative agency in the U.S. Department of Homeland Security, and it's getting tough on employers who "cultivate illegal workplaces." On Nov. 19, ICE Assistant Secretary John Morton announced that ICE issued Notices of Inspection (NOIs) to 1,000 employers across the country "associated with critical infrastructure - alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws."

Such audits involve comprehensive reviews of I-9 forms, and employers who are out of compliance with immigration-related employment laws face hefty penalties. To date, ICE has issued approximately $2.3 million worth of fines to employers found to be out of compliance.

Visit HRCalifornia to download a copy of the most recent I-9 form.

"No-Match" Rule Rescinded

Back in July, the HR Watchdog blogged that the Department of Homeland Security (DHS) proposed a regulation rescinding the previous administration's 2007 "No-Match Rule," which was blocked by court order shortly after issuance and had never taken effect.

On October 7, DHS published the final rule, rescinding the "No-Match Rule."