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Current Newsletter

Practical Approaches
to Resolving EEO/AA Problems
Issue #22
Newspaper Article on new I-9 Form

This is an important reminder - New Form I-9 Required April 3

This is a reminder employers will be required to use a new version of Form I-9 beginning April 3, 2009, to verify the identity and work authorization of their newly hired employees. The latest version of the form can be found at www.uscis.gov/i-9 and contains a revision date of REV. 02/02/09 in the bottom right-hand corner. Employers may incur fines and penalties for failing to use the revised Form I-9 on or after this date. Until April 3, employers must continue to use the REV. 06/05/07 edition, which can also be found on the USCIS website.

As we reported previously, there are several changes to the new form including new verification guidelines and a redefined list of acceptable proof of identification documents. Among its most notable changes, the new form:

Makes citizen and non-citizen nationals of the U.S. two separate categories in Section 1. Non-citizen nationals of the U.S. include persons born in American Samoa, some former citizens of the former Trust Territory of the Pacific Islands, and some children of non-citizen nationals born abroad. More information about non-citizen nationals can be found on the Department of State website at www.travel.state.gov.

Eliminates certain acceptable documents. Temporary Resident Cards and older versions of the Employment Authorization Document (Forms I-688, I-688A, and I-688B) will no longer be acceptable "List A" documents, as these documents have expired and are no longer issued. Also, expired documents including expired driver's licenses and U.S. passports, can no longer be presented.

Adds certain "List A"-acceptable documents. The U.S. Passport Card and a foreign passport that contains a temporary I-551 printed notation on a machine-readable immigrant visa have been added.

A Four-Step audit for companies reviewing company I-9 procedures to make sure they comply with government standards.

1. Do you have policies and procedures for verifying an employee’s identity and are they in writing? Has top management signed off on them? At a minimum, the policies should adhere to the requirements outlined in Form M-274 Employer Handbook from the U.S Citizen and Immigration Services.

2. Do you conduct awareness training for staff who deals with I-9s? And is the training documented?

3. Do you conduct sample audits of verification documents including the I-9 forms and supporting documents? You can do the audit with in-house staff or hire an audit professional.

4. If you find problems with a sample audit, do you conduct a wider audit to see if the problems are widespread?

This procedure will establish an excellent defense of “good faith” should a violation be found by government investigator.

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