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U.S. Finally Issues Revised Form I-9 for Employers to Use in Checking Eligibility to Work
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December 3, 2007
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By Jo Anne C. Adlerstein
Thelen Reid Brown Raysman & Steiner LLP
The United States Citizenship and Immigration Services (USCIS) has announced the availability of a revamped Form I-9. Since 1986, Form I-9 has been used by U.S. employers to verify the work eligibility of their employees, as required by U.S. law.
In 1997, to comply with the provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the then-Immigration and Nationality Service promulgated regulations reducing the number of documents acceptable to satisfy the requirements of Form I-9. However, INS, and later USCIS, failed to revise Form I-9 to reflect those changes. As a result, the official Form I-9 was out of compliance with the regulations for nearly 11 years.
The new version of Form I-9, which bears a revision date of "06/05/07," finally brings the form into line with the regulations. Also revised is M-274, "Handbook for Employers, Instructions for Completing Form I-9," published by USCIS. All other I-9 requirements remain the same, including the requirement that employers complete a Form I-9 for each employee within three days of hire and the document retention requirements.
The new form will become effective upon publication in the Federal Register. However, employers have been urged to begin using the revised form immediately.
Click here to download the revised Form I-9.
Click here to download the revised M-274, "Handbook for Employers, Instructions for Completing Form I-9."
Click here to download the USCIS press release regarding the revised form.
Click here to download the USCIS fact sheet summarizing the revisions to the form.
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For more information about the issues covered in this report, please contact Jo Anne C. Adlerstein in our New York office at 212-603-2388 or at jadlerstein@thelen.com or contact your Thelen attorney. For more information about Thelen's Construction and Government Contracts Department, click here.
©2007 Thelen Reid Brown Raysman & Steiner LLP
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