Immigration Changes Employment Eligibility Verification(I-9) Requirements For Employers

A December 12, 2008 memorandum issued by USCIS revises an employer’s responsibility in verifying an employee’s eligibility for employment as well as the Form I-9 which implements the process. Employers face stiff penalties as well as other significant sanctions for failing to comply with the requirement of the Form I-9 and employing aliens not authorized to work in the United States.

The interim rule narrows the list of documents that are acceptable for employment eligibility verification as a new Form I-9. Under this rule, employers are required to verify employee eligibility for all new employees beginning 45 days after the publication of the Federal Register which was submitted on December 11, 2008. This rule imposes the additional requirement that an employer must re-verify any existing employee with expiring employment authorizations. The current Form I-9 (dated 6/5/07) will no longer be valid as of 45 days after the publication of the Federal Register.

Finally, this program applies to all employers, agricultural recruiters as well as referrers and recruiters for a fee. The new specifications are quite extensive and require a detailed study by affected employers, recruiters and staffing agencies. [ Review The Revised I-9 Employment Verification Memorandum]