Human Resource Blog

Montana I-9 Form

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

The new I-9 form like the old form in many ways. A significant difference is that the U.S. Citizenship and Immigration Services (USCIS) has eliminated some documents as allowable forms of identification and employment eligibility.

The USCIS has decided the documents are too easily forged. It will instead accept other forms of documentation.

Not only in Montana but throughout the nation employers were to start using the new I-9 form on November 7, 2007.

All of the documents that are no longer acceptable are from the so-called “List A.” Employers are obliged to check one document from List A, or one document from List B and a document from List C. List A includes all of those documents that establish both the identity and employment eligibility of a potential worker. Employers must also record the expiration date, number and title of each document used.

The I-9 information helps prevent unintentional hiring of undocumented workers. Keeping copies of those documents will provide an employer with a strong defense against a charge of hiring illegal workers. Employers are not required to make copies of the documents but they specifically allowed to do so.

It’s important that the copies be kept with other I-9 documents entirely separate from a worker’s personnel files. If a supervisor does not have access to the information when making decisions about raises, promotions, transfers, and the like, there is less chance of discrimination. Conversely, an employer who keeps the files separated is creating a proactive defense against discrimination charges.

It is illegal for employers to use the I-9 form to discriminate against applicants on the basis of color, race, sex, religion, or national origin. As an example, it would be discriminatory to require Hispanic applicants to complete the form before an interview begins, unless all applicants are required to do so regardless of their ethnicity.

Employers may ask a job applicant the question “Can you legally work in the United States?” or “Can you provide documents proving that you can legally work in the United States if you are hired?” Again, all applicants must be asked this same question. JH