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Montana I-9 Form

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

Montana employers, as well as employers throughout America, are now being required to use the updated I-9 form that became effective December 26, 2007.  The United States Citizenship and Immigration Services, or USCIS, decided to revise the form in order to verify employment eligibility. 

The newly revised I-9 form is for recertification of current employees, as well as for all newly hired employees.  Generally, the only time that recertification is required is when an employee’s qualifying document has expired. 

On the new I-9, some types of identification were removed from the list of acceptable documents.  At least one type of identification was added. 

It is important to note that employers do have a grace period before they have to begin using the new I-9 form.  This grace period is until the standards have been published in the Federal Register.  After that period of time has passed, employers will be subject to penalties and fines if they continue to use the old form.

The use of I-9 forms is required by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.  The purpose of the form is to verify new hire eligibility and identity.  This includes United States citizens.  Employers must keep these forms on file for three years from the time an employee is hired.  Should an employee be terminated for any reason, the form would need to be kept on file for one year after the time of termination.

The changes that were made to the new I-9 form were to List A.  Items that fall under List B and List C are the same.  The acceptable documents from List A include a United States passport, an unexpired foreign passport with a temporary I-551 stamp, or a Permanent Resident Card or Alien Registration Receipt Card (Form I-551).  In addition, an unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, I-688B), or an unexpired foreign passport that has an unexpired “Arrival-Departure Record”.  JH