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All Employers Required To Use New Form I-9 In Hiring Process Starting February 2, 2009

Immigration Law Alert Grant Sovern, Lisa D. Duran, Maria F. Kallmeyer

The Department of Homeland Security's Citizenship and Immigration Services issued a new regulation stating that, starting April 3, 2009, all U.S. employers must begin using a new version of Form I-9 for verifying the employment eligibility of all new hires. It had originally been scheduled to be used on February 2 but the new administration postponed it. The biggest change to the new form is that employers are no longer allowed to accept any expired document from a new employee, including a U.S. passport. There also are several other technical changes, including the removal of several old forms from the list of acceptable documents (I-688, I-688A and I-688B) and the addition of foreign passports with special visas for citizens of Micronesia and the Marshall Islands.

The old Form I-9 (dated 06/05/2007) will be acceptable until April 3rd, after which time only the new form may be used. It will not be necessary for employers to go back and replace the old forms with the new one; the new version of the form only needs to be used for new hires after April 3, 2009. The following link has information about the technical changes to the form and has an educational copy (do not use this version yet) of the new Form I-9: http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=09000064807df325.

The Citizenship and Immigration Services has made the new version available at www.uscis.gov/forms.

This is an interim final rule that will take effect on April 3rd but is subject to a comment period.

For additional information, please contact a member of our Quarles & Brady immigration team, including Grant Sovern (Madison) at 608-283-2668 / gsovern@quarles.com, Lisa Duran (Phoenix) at 602-229-5225 / lduran@quarles.com, Ben Kurten (Milwaukee) at 414-277-5851 / bkurten@quarles.com, Eric Ledbetter at 414-277-5755 / eledbett@quarles.com or Maria Kallmeyer (Chicago) at 312-715-5009 / mkallmey@quarles.com, or your local Quarles & Brady attorney.