Thread: New Form I-9 in Effect

New Form I-9 in Effect

http://www.nfib.com/object/IO_39741.html

New Form I-9 in Effect
01/ 30/ 2009

Form update required for all businesses

The U.S. Citizenship and Immigration Services issued a new Form I-9 to verify employees' eligibility for employment. Employers must begin using the new form Feb. 2. Previous versions of Form I-9, in English or Spanish, are no longer valid. Employers who are still using the old forms after Feb. 2 will be subject to applicable penalties and fines.

Arrow BlackDownload the new Form I-9 (scroll to the bottom of the page)

The revised form eliminates employees' use of expired documents to verify employment eligibility. The government eliminated expired documents formerly accepted because they are frequently used by counterfeiters to create authentic-looking documents for aliens seeking unauthorized employment.

The new form also adds and removes some of the documents employers can accept to verify employment eligibility.

What you need to know

Who must complete a Form I-9?
The federal government requires all employers to complete a Form I-9 for every employee within the first three days of employment and to retain that form for either one year after termination of employment or three years, whichever is longer. There is no small business exemption for the Form I-9.

Do I need to complete the new Form I-9 for all my employees?
The new form only applies to new hires on or after Feb. 2. Employers should not have current employees fill out the new Form I-9 unless re-verification is required.

What changes were made?
In an effort to create a bright line rule for employers, the USCIS eliminated expired documents as proof of identity or work eligibility. Under the title "Lists of Acceptable Documents" found on the back of the form, it now clearly states that all documents must be unexpired.

The new Form I-9 also added three documents that employees can present to establish identity and employment eligibility under Part A. Employers may now accept the following:

* A U.S. passport card
* A temporary form I-551 printed notation on a machine-readable immigrant visa
* A passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with a valid Form I-94 demonstrating valid status pursuant to the Compact of Free Association with the United States

The following documents were eliminated from future use:

* Form I-688 (Temporary Resident Card)
* Form I-688A (Employment Authorization Card)
* Form I-688B (Employment Authorization Card)

Lastly, there is one significant change on the front of the form under Section 1. Where there were formerly three check boxes pertaining to citizenship or alien status, there are now four. The box marked "a citizen or national of the United States" is now separated into a box for "a citizen of the United States" and a box for "a noncitizen national of the United States." This change was made to make it easier for the government to prosecute those who make false claims to U.S. citizenship.

Is a Spanish version available?
The new Form I-9 is available in English and Spanish. Only employers in Puerto Rico may have employees complete the Spanish version. Employers in the 50 states may use the Spanish version as a translation guide for Spanish-speaking employees. However, employers must complete the English version and keep it in their records. Employees may also use a translator to assist them in completing the form.

NFIB members with additional questions can contact the NFIB Employment Law Hotline. For information on the hotline, please call 800-NFIB-NOW (800-634-2669) or visit www.NFIB.com/legal.

I hope the business or the foreigner have to pay for the translator if there is money involved.

Hallelujah!!! A spark of sanity (as far as I can tell, but they ARE sneaky!)

that they are "builditnow" that they are! but we can hope!

Incoming Lawsuits! Filed by Illegal Huggers.

Dixie

This combined with MANDATORY use of E-Verify might actually work!