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Changes to Form I-9: Administrative on Their Face; Substantive in Effect

By Tina M. Maiolo
September 29, 2009

For over two decades now, employers have been required to verify and record employee work authorization by inspecting documents evidencing identity and employment eligibility pursuant to Form I-9. While employers are not expected to be document experts, they are expected, and required, only to accept documents that reasonably appear to be genuine and relate to the specific employee, so it is critical that they become informed on these changes. As of April 3, 2009, employers were required to use the new Form I-9 for employment eligibility verification for new employees and applicable re-hires. The new form is the latest step in what has been an unsystematic effort by the United States government to create and enforce immigration laws in the workplace.

History of the Form

Form I-9 was created by the Immigration Reform and Control Act in 1986. This Act identified 29 forms of identification employees could choose from to prove they were entitled to work in the United States. Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which mildly reduced the number of documents employers may accept from newly hired or re-hired employees during the employment eligibility verification process to 27.

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