Employment Eligibility Verification Form I-9 Interim Amendments Now Final

By: Nathaniel M. Jordan, J.D.

On May 16, 2011, a final rule went into effect adopting the U.S. Citizenship and Immigration Services’ (USCIS) earlier interim amendment to Form I-9. The amendment prohibits employers from accepting expired documents to verify employment authorization, revises the list of acceptable documents, and contains other technical revisions. Form I-9 requires newly hired employees to verify their identity and authorization to work in the United States. Employers are required to complete Form I-9 each time they hire a person to perform labor or services in the United States in return for wages or other remuneration. The interim amendment first went into effect on April 3, 2009, and is now made final, without change.

The USCIS permits employers to accept certain documents from employees to complete Form I‑9:

  • List A Documents, which are documents that establish both identity and employment authorization, or
  • List B Documents together with List C Documents. List B Documents are those which establish identity and List C documents are those that establish employment authorization.

Descriptions of these documents, and further instructions for completing Form I-9, are contained in The Handbook for Employers, Instructions for Completing Form I-9. The most recent version of the Handbook, last revised January 5, 2011, is available for review and download at www.uscis.gov/files/form/m-274.pdf.

On May 13, 2011, UCCIS launched a web-based user-friendly guide to Form I-9. It is called I-9 Central, and it can be found at https://www.uscis.gov/I-9Central. Form I-9 can be obtained at https://www.uscis.gov/files/form/i-9.pdf.

If you have any questions about this Article, contact a member of Yoder Ainlay Ulmer & Buckingham’s Employment Law Practice Group at (574)-533-1171.

Disclaimer: These materials are for informational purposes only and should not be construed as legal advice on any specific facts or circumstances. We recommend you consult a lawyer if you want professional assurance your interpretation of these materials is appropriate to your particular situation.

©  Yoder Ainlay Ulmer & Buckingham, LLP [May 2011]