Special Immigration Alert: Employers Must Transition to Revised Form I-9 by December 26, 2007

The U.S. Citizenship and Immigration Service ("USCIS") announced today that all employers must use the revised Form I-9 (Rev. 06/05/07) no later than December 26, 2007. Previously, on November 7, 2007, the USCIS announced that the revised Form I-9 currently is the only version valid for use. Today, the Department of Homeland Security ("DHS") acknowledged that employers should be given a 30-day period to transition to the revised Form I-9. Therefore, the DHS announced that it will not seek penalties against any employer using previous versions of Form I-9 before December 26, 2007. On or after December 26, 2007, however, employers who do not use the revised Form I-9 could be subject to all application penalties under the Immigration and Nationality Act as enforced by the U.S. Immigration and Customs Enforcement.

Employers do not need to complete the revised Form I-9 for current employees if there is already a properly completed Form I-9 on file. However, employers must use the revised Form I-9 for all new employees starting on or after December 26, 2007, as well as any re-verification of employment authorization conducted on or after that date. Both the revised form and the "Handbook for Employers, Instructions for Completing the Form I-9" are available online at the USCIS web site: www.uscis.gov.