T0: Department and Agency Personnel, Human Resources, and Affirmative Action Offices
FROM: Brian S. Reichenbach, Counsel
SUBJECT: Employment Eligibility Verification Form (Form I-9)

The U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE) have updated the Employment Eligibility Verification Form (Form I-9) to eliminate outdated references to the former Immigration and Naturalization Service and its parent agency, the Department of Justice (DOJ). The USCIS is now an entity within the Department of Homeland Security (DHS). Aside from replacing outdated references to the DOJ and the former INS, the current edition of Form I-9 is the same as the 11/21/91 edition. A substantively revised Form I-9 may be issued in the future.

The edition of the rebranded Form I-9 reads “(Rev. 05/31/05)Y.” Employers may meet their employment verification requirements by completing a Form I-9 that has an edition date of either “(Rev. 05/31/05)Y,” or “(Rev. 05/31/05)N,” or “(Rev. 11/21/91)N” in the lower right corner of the Form. Properly completed older versions of Form I-9 remain valid.

The USCIS has removed several documents from the list of acceptable identity and work authorization documents (“List A” documents) listed on the 11/91 version of Form I-9 and I-9 Instructions, and in the INS “Handbook for Employers” (Document M-274, 1991 edition). Documents that can no longer be used in the I-9 verification process include:

• Certificate of US Citizenship (INS form N-560 or N-561; see List A #2);
• Certificate of Naturalization (INS Form N-550 or N-570; see List A #3);
• Alien Registration Receipt Card (INS Form I-151; see List A #5);
• Unexpired Reentry Permit (INS Form I-327; see List A #8);
• Unexpired Refugee Travel Document (INS Form I-571; see List A #9).

The acceptability of an unexpired foreign passport with Form I-94 indicating unexpired work authorization (List A #4) was made more limiting. Such combination of documents is now only acceptable where an individual is employment authorized incident to status for a specific employer (such as a particular NYS agency).

Another document has been added to List A to establish identity and employment eligibility:

• Employment Authorization Document (INS Form I-766).

Also, the rule explaining when receipts may be used in place of original documents in the I-9 verification process (the “Receipt Rule”) has been modified.

Employers are strongly encouraged to consult the Web site of the Office of Business Liaison (OBL) of U.S. Citizenship and Immigration Services at http://www.bcis.gov for the latest information regarding Form I-9. The site has downloadable forms and guides for employers, answers to frequently asked questions (FAQs), and provides a toll-free telephone number for personal assistance. This Web site should be checked periodically, as rules regarding the I-9 verification process and Form I-9 are subject to change by the federal government.

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