Don’t use new I-9 yet: What HR needs to know now
February 3, 2009 by Sam NarisiPosted in: I-9, Special Report
Just as employers were set to start using an updated version of the Form I-9, the feds have delayed the implementation of the new form. What now?
Employers would’ve been required to use the updated I-9 on February 2. But on January 30, the U.S. Citizenship and Immigration Service announced the effective date has been pushed back to April 3.
The delay was issued in response to a memorandum from the Obama administration asking federal agencies to freeze certain unimplemented regulations.
The USCIS has also extended the time it’s taking comments from the public on the new form. Comments will be accepted until March 4. In other words, the update isn’t final, yet. There’s still a chance the form could change again before going into effect.
What’s changing?
The biggest change planned for the I-9: Employers will no longer be able to accept expired documents for employment eligibility verification. Right now, employees can submit expired passports and other documents, but that’s being stopped because expired IDs are easier to forge.
Also, three “List A” documents will be removed: the “Temporary Resident Card” (Form I-688) and “Employment Authorization Cards” (Forms I-688A and I-688B). The USCIS no longer issues those cards, and any that are in circulation have expired by now. Instead, people are issued Form I-766, which remains on the list.
These documents will be added to List A:
- the U.S. Passport Card to List A
- foreign passports containing machine-readable visas, and
- passports from certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.
What form should employers use now?
For now, employers should continue using the current version (it’s dated 06/05/07 at the bottom of the last page) and be prepared to change forms on April 3.
Both the current form and the one employers will be required to switch to are available here.
February 4th, 2009 at 10:30 am
One word — Infuriating!
February 4th, 2009 at 10:43 am
I threw out all of my forms on January 30 so I would be ready on 2/2 with no possible confusion. No good deed (or pro-active plan) goes unpunished!
February 4th, 2009 at 10:47 am
It took me two weeks to train the new supervisors and get the new I-9’s distributed to all the branches in time for 2/2/09. I receive a notice first thing Monday morning that we’re not supposed to use them. Talk about last minute! Couldn’t somebody have made that decision to not use the new ones at a time when I could have actually had time to do something about it?
February 4th, 2009 at 11:17 am
anything to let illegals live off the U.S. What is wrong with verifying if a person is a citizen and eligible to work and live in the U.S?
February 4th, 2009 at 11:35 am
We have already started using the new I-9 form starting Monday 2/2/09. Do we need to have those I-9s redone using the old form?
Pratima Scholl
JPS Health Network
817-920-7375
February 4th, 2009 at 11:39 am
Please notify me when the new forms are ready or if anything has changed before we are to use the new forms on April 3, 09.
Thank you
February 4th, 2009 at 12:01 pm
I notice that the expiration date in the top right corner of the old revision and new revision remain the same (6/30/09) Does this mean that there will be yet another new form in June?
February 4th, 2009 at 12:02 pm
We are currently using an updated I-9 form dated 6/16/08 This notice came out on June 25, 2008,(see USCIS release below) So we replaced the 6/5/07 version with this one. There were no changes other than the version 6/5/07 was set to expire. Is anyone else using the 6/16/08 version?
Just baffles me that there is no mention of the updated 6/16/08 version in any news releases I’ve been reading lately in regards to the new release. Maybe it’s because in the article below it said the USCIS “quietly” released an updated version.
June 25, 2008 – U.S. Citizenship and Immigration Services last week quietly released an updated version of Form I-9, the form for employment eligibility verification used by all U.S. employers. The new form is dated June 16, 2008 and replaces the previous edition of the form, which was set to expire at the end of June. Only the expiration date of the form has changed. There are no substantive changes to the form or instructions that differ from the prior version of the form that became effective in December 2007. BAL encourages employers to begin immediate use of the June 16, 2008 edition of Form I-9. BAL clients using our electronic I-9 completion and storage program will receive an automatic updated version of the new I-9 Form.
February 4th, 2009 at 12:34 pm
That is funny, JR! Quietly is right! We didn’t even hear about the 6/16/08 version, although it makes sense. I’ve wondered why there would be an expiration date on the form that noone paid attention to. I guess I wasn’t paying attention. Thank goodness there were no changes except for the expiration date!
February 4th, 2009 at 12:39 pm
I already had the new 2/2/09 I-9 Forms filled out and the required paperwork handed in, I had about 7 employees who needed to fill these and and I basically did the reverification. I hope there isn’t any penalty for having them completed and copies of documents made does anyone know?
February 4th, 2009 at 12:57 pm
We just copied and gave these to our store managers at a meeting yesterday.
Now I’m supposed to tell them….forget it. Some may have gone back to their stores and thrown out the previous ones!
February 4th, 2009 at 1:08 pm
Typical government screw-up.
It must be part of the “Change We Can Believe In” philosophy.
February 4th, 2009 at 1:12 pm
Yes, we’ve been using the 6/16/08 version since it came out. I was also confused that the ‘07 version is still on the website. As far as redoing the 2/2/09 forms, my boss sent me a notice from the Society for Human Resource Management that said employers could face a monetary fine for using the new form, but I don’t see anything on the USCIS site. For our “good faith” effort I’m going to have any new forms redone and attach them to the 2/2/09 version. Certainly we won’t be the only ones, I’d guess??
February 4th, 2009 at 1:12 pm
The information I pulled off of the USCIS website is to use revision dated 06/05/07 before April 3 and to use revision 02/02/09 on and after April 3, 2009.
February 4th, 2009 at 1:24 pm
To Judy from HR
I believe that the 6/16/08 version was scrapped as well and we should be using the 6/5/07 version until we get word about the “new-new” version in April.
I too tossed out all of my old forms and got 2/2/09 forms filled in and ready to go, and had to go back find the 6/07 form and re-do what was already done. Yippee to the new administration…
February 4th, 2009 at 1:37 pm
I have threw all my old forms and have started to use new form. Would you kindly e-mail me the old one again? Thanks
February 4th, 2009 at 1:42 pm
If I had pulled this last minute paperwork switch, I believe my job (during this economic plummet) would be jeopardized. Do you think anyone in the White House is worried right now? I seriously doubt it!! Who voted for this guy?
February 4th, 2009 at 1:54 pm
JR —
The change on 6/16/08 was just to update the expiration date on the top of the I9 form — apparently they now have to expire the forms once a year — but the revision date at the bottom is 6/5/07.
We’ve opted to have anyone who used the 2/2/09 version on 2/2/09 complete a new I9 form — Mary — I feel your pain — I have 1100 locations — all of whom had to be asked to go back to the older I9.
Crazy days
G
February 4th, 2009 at 2:25 pm
I also threw out all old forms and made copies of the new form so I’d be ready on 2/2/09 for seasonal hiring. I always have new hire paperwork mailed out to their homes/schools so they can begin working in April/May. What a waste of paper!! I hope we can still use the 2/2/09 version after April at least…either way it’s quite the inconvenience!
February 4th, 2009 at 5:21 pm
The old forms and the new forms are all at http://www.uscis.gov under immigration forms — the I9 is WAYY down the page.
Good Luck
February 4th, 2009 at 5:32 pm
It’s a perfect example of government red tape and waste….you know like $5,000 hammers and such! They shouldn’t be telling us something is going to be required until it’s a done deal. This ended up being an economic stimulus package for papermills and copy machine maintenance companies.
February 5th, 2009 at 9:02 am
I have an email from SHRM on 2/2/09 that states: “The U.S. Citizenship and Immigration Services (USCIS) announced that it has delayed by 60 days, until April 3, 2009, the effective date for using the revised Form I-9, originally scheduled to go into effect today. Please note: Employers who use the new form prior to the April 3, 2009 effective date are subject to civil monetary penalties.” Just wanted to make those of you that are currently using the new form aware of the potential penalty.
February 5th, 2009 at 10:58 am
So are we suppose to be using the 2007 or 2008 I9? I threw out all my old ones as well so can someone send me whichever one is considered current?!
February 5th, 2009 at 11:13 am
We started Monday morning using the new forms as we were told to. I just now opened this email and find out we are not to use them. I give up.
February 5th, 2009 at 11:15 am
Thanks Lisa for the update. However, how can they fine us when the “recall” didn’t go out until 2-3?? Or at least that’s when I got mine.
February 25th, 2009 at 8:24 am
The only difference between the forms will be on the back. Some of the documents in List A were too easy to forge. So they removed Form I-688, I-688A, and I-688B from the list.
February 27th, 2009 at 1:45 pm
On the FAQ’s page of the USCIS website, you’ll find the wording about “civil penalties” for using the incorrect version of the I-9 form. We don’t have to rely only on SHRM.