April 6, 2009Client Alert

Attention Employers: New Version of Form I-9 Now Required

Effective April 3, 2009, all U.S. employers must use the new Form I-9 (Rev. 2/2/09). The prior edition of Form I-9 (Rev. 06/05/2007) is no longer valid for use. Employers who continue to use the 06/05/2007 version of Form I-9 may be subject to civil money penalties. The new Form I-9 with instructions can be accessed at:

The Department of Homeland Security (“DHS”) issued the revised version of Form I-9 due to regulatory changes that went into effect on April 3, 2009. DHS also issued an updated Employer Handbook, available at: Employers are encouraged to print, read and distribute this new Handbook to all employees involved in the Form I-9 completion and reverification process.

Most significant of the Form I-9 changes is the requirement that all documents presented during the Form I-9 completion process be unexpired, including List B identity documents. Other changes include elimination of List A identity and employment authorization documentation Forms I-688, I-688A and I-688B (Temporary Resident Card and outdated Employment Authorization Cards).

Two documents have been added to List A on the List of Acceptable Documents: 1) a temporary I-551 printed notation on a machine-readable immigrant visa; and 2) a passport from the Federated States of Micronesia (“FSM”) or the Republic of the Marshall Islands (RMI) with a valid Form I-94 or Form I-94A indicating the individual’s admission under the Compact of Free Association Between the United States and the FSM or RMI.

Finally, Section 1 has been revised to include separate boxes for U.S. citizens and noncitizen U.S. nationals. Employers should note that a Form I-9 must be completed for all employees, including U.S. citizens, permanent residents and foreign employees. An employer must accept original documents that “reasonably appear genuine on their face." As was the case before, employers may not specify which documents to produce. The employer may not require more documentation than is required by the Form I-9.

If you have questions regarding the new Form I-9 or other regulatory changes, please contact José A. Olivieri at 414.225.4967, or or Kelly M. Fortier at 414.277.3460, or
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