How is the new I-9 form for Oregon employers different from the old one?
The new I-9 form was recently released by the USCIS (The U.S. Citizenship and Immigration Services). All employers, including those in Oregon will be required to utilize the new form as of
December 26, 2007.
The updated form has added at least one type of identification and removed others from those considered acceptable to verify employment eligibility.
The revised I-9 will apply to new employees and will be used to recertify current employees. Recertification is required only of current employees whose documents have expired. Workers whose documents are still valid will not have to be complete the updated I-9 as long as the documents remain valid.
As a result of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, all employers must verify the identity and eligibility to work in the U. S. of all workers. The completed I-9 forms and the supporting documents must be kept on file for three years from the hire date or for one year after termination, whichever is longer.
The acceptable documents on List A for the revised I-9 will now be:
- An unexpired foreign passport with a temporary I-551 stamp
- An unexpired foreign passport with an unexpired “Arrival Departure Record,” Form I-94 with the alien’s non-immigrant status, if that status authorizes the alien to work for the employer
- An unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A or I-688B)
- Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
- U.S. Passport
The items to establish identity on List B and to establish employment eligibility on List C do not change. Only List A changes from the previous version of the I-9.
Until the Federal Register publishes the new standards, employers will have a grace period before the new I-9 must be put into effect. After the standards are published, however, all businesses will be required to utilize the updated I-9. Those companies who continue to use the old form will face penalties and fines. JH
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