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U.S. law requires that every employer complete Form I-9, Employment Eligibility Verification (“I-9 Form”), for each new employee within three days of hire. At this time, the employee is required to present original documents that demonstrate both identity and authorization to work in the United States.

Effective April 3, 2009, all employers will need to complete a revised I-9 form for all new employees, as well as for reverification of certain employees with temporary work authorization. Please note the following changes in the revised I-9 Form:

• All documents presented to the employer during the I-9 verification must be unexpired (note some documents such as a Social Security card have no expiration dates);
• List A identity and employment authorization documentation will no longer include Temporary Resident Card (Form I-688), Employee Authorization Card (Form I-688A) and Employment Authorization Card (Form I-688B); and
• List A will now include (1) foreign passports containing the I-551 permanent residence notation printed on a machine-readable immigrant visa (previously, List A included only the I-551 passport stamp and I-551 permanent resident card); (2) the new U.S. Passport Card; and (3) passports and certain other documents for citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.

Beginning April 3, 2009, the new I-9 form will be available at www.uscis.gov/files/form/I-9.pdf. The new form should only be completed for new hires and for reverification of certain employees with temporary work authorization; it should not be completed for existing employees.

If you have any questions about the revised I-9 Form or any other immigration-related matter, please contact Marcy Stras at or 202.861.1676 or Matt Hoyt at or 614.462.2650.

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