Gunster – Immigration News Bulletin, April 1, 2009

As a follow-up to Gunster’s Immigration Bulletin on the use of the revised Form I-9, please be reminded that pursuant to U.S. Citizenship and Immigration Services’ interim final rule entitled “Documents Acceptable for Employment Eligibility Verification,” commencing on April 3, 2009, employers will be required to use a new revised Form I-9 (revised on 02/02/09 as shown on the right bottom corner of the form) for the employment eligibility verification of all new hires and for any necessary reverifications. Expired documents will no longer be acceptable and the list of acceptable documents will be narrowed. Specifically, the regulation: Eliminates Forms I-688, I-688A, and I-688B (Temporary Resident Card and older versions of the Employment Authorization Card/Document) as acceptable identity and employment authorization documents since USCIS no longer issues these cards, and all that were in circulation have expired; Adds to the list of acceptable identity and employment authorization documents the new U.S. Passport Card, a foreign passport containing a temporary I-551 notation on a machine-readable visa and documentation for certain citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI); and Includes additional changes, such as revisions to the employee attestation section.

The changes are intended to significantly improve the integrity of the employment eligibility verification process.

Should you wish to receive further information concerning matters discussed in the Immigration Bulletin, please contact:

Sarah Lea Tobocman, Esq.Chair, Immigration Practice Group 376-6065

Jay Carmichael, Esq.Shareholder, Immigration Practice Group 376-6090

Luciana C. Melo, Esq.Associate, Immigration Practice Group 376-6086

Mariana R. Ribeiro, Esq.Associate, Immigration Practice Group 376-6031

This Bulletin is for general information only. It is not legal advice and legal counsel should be contacted before any action is taken which might be influenced by this Bulletin.


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