New Form I-9 and documentary requirements

Effective Feb. 2, 2009, all employers in the United States will be required to use a new version of the Form I-9 and meet new documentary requirements. The new form is now available on the USCIS web site along with the June 2007 Form I-9; however, until Feb. 2, 2009, the June 2007 version should be used. Don’t use the new form until Feb. 2, but after that, you MUST use it.

The new rule:

  1. Requires that all documents presented during the verification process be unexpired;
  2. Eliminates List A identity and employment authorization documentation forms I-688, I-688A, and I-688B;
  3. Adds to List A foreign passports with Machine Readable Immigrant Visas that contain a temporary I-551” notation on the visa;
  4. Adds to List A valid passports for citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI), along with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI; and
  5. In Section 1 of the Form I-9, requires the employee to check either citizen or noncitizen national of the United States.

Noncitizen nationals are people born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad. Although U.S. nationals do not possess full U.S. citizenship, they may enter and work in the U.S. without restriction. This definition is included in the instructions on the new Form I-9.

Furthermore, the February 2009 version of the Form I-9 must be used whenever an employee with work authorization that has an expiration date must be reverified.

IFSS is revising the UW-Madison I-9 Reference Manual and will have it posted on our web site under I-9 Employment Eligibility Verification ( prior to 2 February 2009. The link to the new I-9 and the June 2007 version is also on our web site. For questions please contact Deborah Ahlstedt at or Jennie Taylor at