William T. Wilson, Esquire

Employers are familiar with the requirement to document that each employee, both U.S. citizen and non-citizen, is authorized to work in the United States. This requirement is a mandate of the Immigration Reform and Control Act of 1986. Documentation is maintained on U.S. Department of Homeland Security Form I-9. The employer is required to verify the employee's authorization by having the employee produce one or more of a specified list of accepted documents that are listed on the back of the form. Any document on List A is sufficient verification to establish both identity and employment eligibility, or a combination of one document from List B and another from List C can establish identity and employment eligibility, respectively.

The U.S. Citizenship and Immigration Service announced an amendment to the Form, and employers must now convert to the new Form I-9, effective January 1, 2008. The changes consist of narrowing the documents on List A that are acceptable as the sole evidence of both identity and employment eligibility. The updated list includes:

1. A U.S. Passport (which need not be current)
   
2. A Permanent Resident Alien Card or Alien Registration Receipt Card
   
3. An unexpired foreign passport with a temporary stamp, known as an I-551 stamp
   
4. An unexpired Employment Authorization Document (these are official USCIS forms) that contains a photograph
   
5. An unexpired foreign passport with an Arrival Departure Record, also unexpired, having the same name as the passport and containing an endorsement of the employee's nonimmigrant and authorization to work status.
   

MacElree Harvey attorneys can provide you with further information about compliance with the Immigration Reform and Control Act and copies of the new Form I-9.

MacElree Harvey
17 West Miner Street
Post Office Box 660
West Chester, PA 19381–0660
p | 610.436.0100
f | 610.430.7885
f | 610.429.4486
e | info@macelree.com