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| Issue: |
You heard that the government issued a new Form I-9, but you are still using the old version of the form to verify new hires’ eligibility to work. Must you adopt the new form? |
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Answer: |
U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE) have “rebranded” Form I-9, Employment Eligibility Verification, to eliminate outdated references to the former Immigration and Naturalization Service (INS). Aside from the updated references, the form remains the same as the November 1991 edition; therefore, employers may meet their employment verification requirements under the law by completing either version of the form.
Note that the form is still in need of substantive updates to reflect several changes that have occurred in immigration rules. For example, some of the “List A” items in the “List of Acceptable Documents” are no longer acceptable, yet the form does not reflect this yet. The Department of Homeland Security plans to introduce a new Form I-9 in the future, with those substantive changes in place.
Source: CCH HR PRACTICES GUIDE, ¶359. |
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