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How is the new I-9 form for Illinois employers different from the old one?

Employers throughout the United States, including those in Illinois, are now being required to use the newly revised I-9 form.  The new form became effective as of December 26, 2007. 

All employers should take note of a few important facts about the revised I-9 form.  To begin, some types of identification were deleted from the list of acceptable documents, while there was at least one type added. 

The United States Citizenship and Immigration Services, or USCIS, released the new form in order to more accurately verify employment eligibility of job applicants.  All new hires, as well as all current employees, must adhere to the newly revised form.  Typically, recertification of current employees is only necessary when an employee’s qualifying document has expired. 

All employers have a grace period before they absolutely must begin using the new form.  This period of time was until the standards are published in the Federal Register.  After the grace period has expired, any employers who use the old I-9 form will be subject to penalties and fines. The grace period expired on December 26, 2007.

The I-9 form became a requirement for all employers in 1996, due to the Illegal Immigration Reform and Immigrant Responsibility Act.  Upon the passing of this act, employers became required to verify the identity, as well as the employment eligibility, of each newly hired employee.  This includes the hiring of United States citizens. 

Once these forms have been completed, employers have to keep them on file for three years from the employee’s date of hire.  If an employee is terminated for any reason, the I-9 form should be maintained on file for one year after the date of termination.

The only changes to the I-9 form are on List A.  Lists B and C remain the same.  Some of the documents that are now acceptable via List A include: United States passport, an unexpired foreign passport with an unexpired “Arrival-Departure Record,” Form I-94 with the alien’s non-immigrant status, assuming that that status authorizes the alien to work for the employer. JH