According to a recent Federal Register notice submitted by the Dept. of Homeland Security, it will not seek penalties against an employer who used the previous version of the I-9 Form on or before Dec. 26, but those who fail to use the new version (Rev. 06/05/07) may be subject to all applicable penalties of the law, which include civil money penalties of $110 to $1,100 for each form not properly completed.

U.S. Citizenship and Immigration Services has announced that the new U.S. passport card can be used to verify employment eligibility and identity (List A document) for I-9 Form completion.

According to USCIS, the new card provides a less expensive and more portable alternative to the traditional passport book, and will expedite document processing at United States land and sea ports-of-entry for U.S. citizens traveling to Canada, Mexico, the Caribbean, and Bermuda. However, the new card cannot be used for international air travel, USCIS says.

Employers are “encouraged” by the U.S. Citizenship and Immigration Services to use the revised Form I-9 immediately. The form becomes effective once the notice is published in the Federal Register. The revised form removes five documents from List A (identity and employment eligibility): Certificate of U.S. Citizenship; Certificate of Naturalization; Alien Registration Receipt Card; the unexpired Reentry Permit; and the unexpired Refugee Travel Document. These forms lacked features to help deter counterfeiting, tampering, and fraud, says USCIS. The agency has also issued a new 47-page Handbook for Employers discussing the changes to Form I-9, employer responsibilities, questions and answers covering completion of the form, documents, and dos and don’ts for employers. The Handbook also contains color copies of acceptable documents.

U.S. Citizenship and Immigration Services has issued an updated I-9 Form with an expiration date of 6/30/09. Employers should note that the I-9 Form in USCIS Handbook for Employers has an expiration date of 6/30/08, and use the updated form for new hires after June 30.

The Office of Management and Budget control number on the current Form I-9 expired March 31, 2007, but employers are advised to continue using the current form until an updated form is posted on the U.S. Citizenship and Immigration Services website. A tip sheet on completing the form is also provided on the website.

Although it has not yet issued a new I-9 Form or Employer Handbook, the U.S. Citizenship and Immigration Services has put together a useful fact sheet for employers which addresses many of the common questions about the completion of the form and following up on work documentation. See About Form I-9, Employment Eligibility Verification.