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Saturday, March 28, 2009

TIPS FOR USING THE NEW I-9 APRIL 3, 2009

Studio City immigration attorney Charles M. Miller, of the Miller Law Offices provides these timely tips for the use of the 2009 edition of the Form I-9 on April 3, 2009.

Please remind your I-9 compliance staff that on April 3, 2009 the I-9 2009 edition must be used for new employees and the reverification of employees with expiring employment authorization documents.

Just in time for that deadline, the CIS has released the Handbook for Employers, April 3, 2009 edition, containing the unexpired document guidance and the revised Lists A, B and C. The revised Lists A, B and C reduce the number of permissible documents and prohibit the employer from accepting expired documents. The Handbook is a large file and is available for downloading from our Website’s Publications Page in Adobe format: M-274 2009.pdf

Here are some tips for using the new I-9 Form and the unexpired document rule.

1. DO remember to use the new Lists A and C for the reverification of the employment authorization documents of existing employees whose document(s) expire.

2. DO NOT reverify an expired U.S.passport or passport card, an Alien Registration Receipt Card/Permanent Resident Card (Form I-551), or a List B document that has expired.

3. DO remember that the receipt rule is only for the receipt for the replacement of lost, stolen or destroyed authorization documents, not for renewals that have been filed but have not been issued.

4. DO reverify on section 3 of Form I-9; if you run out of room you may write the employee’s name in section 1 and complete section2 of a currently valid Form I-9. You can also use a new Form I-9 section 3. Remember to attach the new Form to the previously filled out I-9.

5. DO remember that after April 3, 2009 ONLY UNEXPIRED DOCUMENTS FOUND ON THE NEW LISTS A, or B and C, MAY BE VERIFIED OR REVERIFIED.

6. DO be aware that there are new tables of temporary employment authorization documents found on pages 8-9 of the M-274 Handbook for Employers (April 3, 2009 edition)that may be accepted IN ADDITION to the documents found on Lists A, B and C.

7. DO remember to complete section 1 of the Form I-9 on the first day of employment; For other than short term employees (3 days or less) the employee has 72 hours to produce the Lists A, or B and C documents, unless the employee produces a receipt for a replacement document.

8. DO NOT request specific documents; to do otherwise may violate the document abuse discrimination law.

9. ONLY E-Verify employers must require a social security number and a List B photo ID.

10. Do remember that all employees, except for short term employees, may take advantage of the receipt rule.

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