The Immigration Reform and Control Act made all U.S. employers responsible to verify the employment eligibility and identity of all employees hired to work in the United States after November 6, 1986. In accordance with the law, employers are required to complete Employment Eligibility Verification forms (Form I-9) for all employees hired after November 6, 1986.

Harris Beach’s Immigration Practice Group has received inquiries regarding a revised Form I-9. Please be aware that a revised Form I-9 has not yet been released and is still being drafted by Citizenship and Immigration Services (CIS), formerly known as INS.

The current version of the Form I-9 and the Handbook for Employers, M-274 are dated November 21, 1991. Both the Form I-9 and Handbook are undergoing revisions to reflect subsequent changes in U.S. immigration law and procedure. A revised Form I-9 may become available in 2005. However, a release date has not been determined. Educational materials will be available to employers when a revised Form I-9 is available, and a subsequent legal alert will be distributed to Harris Beach clients.

The current Form I-9 can be downloaded from the CIS website, www.uscis.gov in the section “Forms and Fees” or by clicking on the following link. (www.uscis.gov) Additional information is available on the web site regarding acceptable documents in accordance with interim changes made by CIS on September 30, 1997. These changes are currently in effect. The current Form I-9 has not been revised to reflect these changes; thus, it is important to heed the directions on the web site.

For additional information on the I-9 requirements, please feel free to contact Edward A. Trevvett at etrevvett@harrisbeach.com or Karlee S. Bolaños at kbolanos@harrisbeach.com or the Harris Beach attorney with whom you usually consult at (800) 685-1429.

This legal alert provides brief analysis or comments on matters of employment law and immigration issues. This legal alert does not purport to be a substitute for advice of counsel on specific matters.