Eaton Peabody

Effective December 26, 2007, employers will be required to use a new I-9 form as the result of a new law. Be careful - the new form removes several of the documents which employers could previously use to verify both the identity and employment eligibility of an employee. The only documents which can now be used to establish both identity and eligibility are:

-  U.S. Passport

-  Permanent Resident Card or Alien Registration Receipt Card (I-551)

-  Unexpired foreign passport with a temporary I-551 stamp

-  Unexpired Employment Authorization Document that contains a photograph

(Form I-766, I-688, I-688A or I-688B)

-  Unexpired foreign passport with an unexpired "Arrival-Departure Record" (form I-94), bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer.

The new form, which became available November 8, 2007, must be used as of December 26, 2007. Employers who do not use the new form may be subject to fines or other penalties.

The new form can be accessed here.

Also, employers should remember that they are required to use an I-9 to verify the identity and work eligibility of all new employees, including United States citizens. Completed forms must be retained by the employer either collectively (all I-9s for all employees) or in individual employee files.

For more information regarding this client alert, please contact Clare Hudson Payne or Sarah E. McCarthy at 207-947-0111 for further information.