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Alaska I-9 Form

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How is the new I-9 form for Alaska employers like the old one?

In Alaska and across the nation, employers were supposed to begin using a new I-9 form on November 7, 2007. The new form is like the old one in many respects, with one or two important changes.

On the new I-9 form as on the old one, employers must examine one document from List A OR one document from List B plus one document from List C. Employers are required to record the title, number and expiration date of the documents.

Employers are not required to make copies of the documents, however, they are expressly allowed to do so under the law. Many employers do keep copies of the qualifying documents, as an affirmative defense against charges of willfully hiring illegal immigrants. Such copies should be kept together with other I-9 documents in a file separate from the employee’s personnel file.

Mingling I-9 information with an employee’s personnel records increases the risk that an employer will engage in illegal discrimination based on race, country of origin or citizenship status.

However, the new I-9 form does eliminate certain documents on List A. These were documents that could be used both to establish identity and provide eligibility for employment in this country. Frankly, the U.S. Citizenship and Immigration Services, or USCIS, eliminated some of the documents that were easier to forge. Instead, the USCIS added a few documents that will be accepted. 

As always, employers cannot use the I-9 form to illegally discriminate against applicants or employees based on race, color, religion, sex or national origin. For example, it would be illegal for an employer to require Hispanic applicants to complete an I-9 form before being interviewed, unless applicants of other ethnic groups were also required to do so. For this reason, many employers will have the worker complete the I-9 form on the first day of work.

If an interviewer is concerned about legal eligibility to work, it is perfectly acceptable to ask “Can you legally work in the United States?” or “Can you provide documents proving that you can legally work in the U.S., if you are hired?” as long as all applicants are asked the same question.

Discrimination based on citizenship status is specifically prohibited.  An employer cannot refuse to hire someone who is legally eligible to work, simply because that person is not a U.S. citizen.  On the other hand, employers should use caution, because fines for hiring undocumented workers can top $200,00 per employee, for repeat offenders.  JH