Customs and Immigration Services Issues Revised Employment Verification Form

The United States Customs and Immigration Service (USCIS) just issued a revised version of Form I-9, which is used by employers to verify the employment eligibility of new employees. The revised version supersedes and replaces all previous versions of the form. The most critical change is the elimination of five documents from List A that establish both identity and employment eligibility. The USCIS's Press Release and Fact Sheet as well as the revised I-9 form are available online at www.uscis.gov.

The government recognizes that employers may need some time to transition to the use of the revised form, and intends to implement a 30-day grace period, but has not yet revealed when that 30-day grace period will begin. Accordingly, we recommend that our clients start using the revised form for new hires immediately, as employers who are discovered to be using an outdated form will be subject to fines and penalties. Employers are not required to use the new form for existing employees unless these employees are required to go through reverification.

In related news, the Department of Homeland Security (DHS) has been enjoined from implementing its new, controversial "No-Match" Regulation. This rule was scheduled to go into effect on September 14, 2007 and No-Match letters were scheduled to be sent to approximately 140,000 employers - affecting 8 million workers. While DHS will not move forward with its No Match rule implementation, the Social Security Administration will continue to send its usual No-Match Letters to employers. The letters will not contain the reference to the DHS rule.

If you have any questions regarding No-Match letters, the revised I-9 or other employment issues, please contact Tamsen Leachman or Jack Cooper in Dunn Carney's employment group or Randall L. Duncan, Chair of our Closely Held Business Team.

Closely Held
Business Team

The Closely Held Business Team - Dunn Carney is dedicated to assisting business owners in navigating through the opportunities and challenges the law presents to advance each owner’s success in business. They understand the multifaceted issues business owners face each day and the need for responsive and proactive legal counsel.

Team members include:
Randy Duncan, Team leader
Bob Allen
John Barhoum
Merrill Baumann
David Buono
Brian Cable
Jack Cooper
Ken Davis
Tim Hering
Frank Hilton
Elizabeth Howard
Scott Jonsson
Robert Kerr
JoDee Keegan
Tamsen Leachman
Kelly Martin
David Rossmiller
Tony Sayess
Kyle Stinchfield
Dan Vidas
Matt Wilmot
Bob Winger
David Zehntbauer