Immigration Alert. New uscis Form I-9

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1 Immigration Alert November 2007 Author: Hayes C. Stover K&L Gates comprises approximately 1,400 lawyers in 22 offices located in North America, Europe and Asia and represents capital markets participants, entrepreneurs, growth and middle market companies, leading FORTUNE 100 and FTSE 100 global corporations and public sector entities. For more information, please visit New uscis Form I-9 Since 1986, every employer in the U.S. has by necessity become familiar with the I 9 form issued by the agency currently known as United States Citizenship and Immigration Services (USCIS). The genesis of that form was the 1986 Immigration Reform and Control Act which prohibited employers from employing individuals not authorized to work in the U.S. The method to accomplish that goal was to require all new hires, citizens and non-citizens alike, to provide to their employers evidence of identity and authorization to work in the U.S. The I 9 was the vehicle created to accomplish that goal. The regulations issued by USCIS and the until now current (5/31/05) version of the I 9 have reflected some inconsistencies. USCIS initially proposed concurrently amending the regulations and revising the I 9. USCIS has now decided not to delay a new I 9 until the regulations are amended, and to instead issue the new I 9 with amended regulations to follow. On November 7, 2007, USCIS published the new I 9 form, with a date of 6/05/07. Attached to this Alert is the new form with instructions. The format of the form is not changed. The employee must verify identity and eligibility to work, and must provide one or more specified documents from the revised list to the employer for the employer s review and verification of review. The only significant change on the form is that there is no need to obtain a social security number unless the employer is using the E Verify system. The employer continues to have the option of retaining a copy of the produced documents with the I 9 form, but should be consistent in its practice. The principal difference between prior I 9s and the current form is a reduction in the list of documents which can be used to verify identity and/or work authorization. The emphasis is on documents that contain biometric data in some form, and on documents that cannot be easily stolen or forged. An employer is not required to use the new form for existing employees, but if future re verification is required, only documents on the revised list are acceptable. The mandatory use of the revised I 9 will begin December 7, 2007, but employers can begin using it immediately. The form may be downloaded from

2 Immigration Alert K&L Gates comprises multiple affiliated partnerships: a limited liability partnership with the full name Kirkpatrick & Lockhart Preston Gates Ellis LLP qualified in Delaware and maintaining offices throughout the U.S., in Berlin, and in Beijing (Kirkpatrick & Lockhart Preston Gates Ellis LLP Beijing Representative Office); a limited liability partnership (also named Kirkpatrick & Lockhart Preston Gates Ellis LLP) incorporated in England and maintaining our London office; a Taiwan general partnership (Kirkpatrick & Lockhart Preston Gates Ellis) which practices from our Taipei office; and a Hong Kong general partnership (Kirkpatrick & Lockhart Preston Gates Ellis, Solicitors) which practices from our Hong Kong office. K&L Gates maintains appropriate registrations in the jurisdictions in which its offices are located. A list of the partners in each entity is available for inspection at any K&L Gates office. This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. Data Protection Act 1998 We may contact you from time to time with information on Kirkpatrick & Lockhart Preston Gates Ellis LLP seminars and with our regular newsletters, which may be of interest to you. We will not provide your details to any third parties. Please london@klgates.com if you would prefer not to receive this information Kirkpatrick & Lockhart Preston Gates Ellis LLP. All Rights Reserved. November

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