Form I-9 Update


Form I-9 Update. After a two-month delay, beginning April 3, 2009, employers will no longer be able to accept any expired documents as part of the verification process. Under the old rule, documents establishing identity only, also known as “List B Documents,” were acceptable to prove identity, even if expired. Documents on this list include, for example, driver’s licenses, state ID cards with photographs, and school ID cards with photographs. The new rule also adds additional documents that employees may present to demonstrate both identity and employment authorization, also known as “List A Documents.” These new acceptable documents include certain I-551s that appear on foreign passports and certain admission documents for persons holding passports from Micronesia or the Marshall Islands. The new rule does not require employers to complete a new I-9 form for existing employees. Employers should use the new form only for employees hired on or after April 3, 2009, and for re-verifications performed thereafter. To get a copy of the new Form I-9, click here. For more information contact DSDA attorney Hilary L. Velandia at

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Rebecca D. Bullard

Rebecca D. Bullard

Rebecca represents clients primarily in labor and employment litigation and counsels clients regarding everyday employment matters. 

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