May 18, 2007

Update For Employers on Form I-9

The Immigration Reform and Control Act (“IRCA”) of 1986 requires all employers in the U.S. to verify that all employees hired after November 6, 1986 are authorized for employment in the United States. In addition, employers must complete and retain Form I-9 on which they confirm the identity and employment authorization of each employee.

By law, employers are required to have newly hired employees complete Section 1 of the Form I-9 on their initial date of hire. Employers must also review documents from employees, verifying their identity and employment authorization, and complete Section 2 within the first three days of employment. Employers are also obligated to re-verify the employment eligibility of their employees upon the expiration of certain employment authorization documents presented as evidence of employment eligibility in the original Form I-9. Although, the recent Form I-9 expired on March 31, 2007 the United States Citizenship and Immigration Service (USCIS) continues to work on issuing an updated Form I-9. The USCIS has released guidance instructing employers to continue using the expired Form I-9. Accordingly employers are not relieved of their responsibilities to complete and retain I-9s by virtue of the form's expiration. The USCIS has also provided an update of the following changes to the Form I-9 Process which should be followed when accepting proof of employee's work eligibility and identification:

• An Employment Authorization Document (Form I-766) although not listed on the latest version of the Form I-9 (dated 5/31/2005) is an acceptable List A document.
   
• Form I-151 is no longer an acceptable List A document, however Form I-551 remains an acceptable List A document.
   
• The following documents are not longer acceptable identity and work authorization documents:
   
  • Certificate of U.S. Citizenship
     
  • Certificate of Naturalization
     
  • Unexpired reentry permit
     
  • Unexpired Refugee travel document.

Greenberg Traurig’s Business Immigration and Compliance Group has extensive experience in advising multinational corporations on a variety of employment-related issues, particularly I-9 employment eligibility verification matters and minimization of exposure and liabilities.