May 31, 2005 I-9 Form Revisions

I have just spent the better part of this morning reviewing the "new I-9" forms and the Employer Information Bulletins from March 16, 2005. I just wondered if anyone could tell me what the difference might be (other than DO NOT MAIL YOUR COMPLETED CORRESPONDENCE TO THIS ADDRESS which is found at the very bottom left of the first page?
Why in the world was was 62 Fed. Reg 51001-51006 made effective 9/30/97, but these changes haven't been updated and we technically don't have to adhere to them until they are? (Deleting some of the form that can be used in A) And it sounds like they are going to update the I-9 again by sometimes next year?
I am not talking about the on line verification, but just getting the form completed.
This looks like a mess to me. Why bother to use the new forms, except that we have to by 12/31/05?? Or am I missing something?
E Wart


  • 13 Comments sorted by Votes Date Added
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-21-05 AT 09:26AM (CST) by Christy Reeder (admin)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 06-17-05 AT 12:59 PM (CST)[/font]

    The only difference in the forms is the proponent agency change at the top (no longer DOJ) and the addition of a fourth box in section 1 specifically for U.S Nationals.

  • [font size="1" color="#FF0000"]LAST EDITED ON 06-21-05 AT 09:27AM (CST) by Christy Reeder (admin)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 06-17-05 AT 01:41 PM (CST)[/font]

    E-WART: THANKS FOR YOUR POST! I was not aware that a new form had been made available. It appears to me to be only minor changes.
    1) they have seperated out the A National of the United States on the page 2.
    2) on the 3rd page they have added words of explanation into the list item number 5 to include the "Permanent Resident Card or".....
    3) they have changed the letters INS Form I-327 to be USCIS Form I-327.

    All are superficial in nature. The publication of this on-line gives everyone the opportunity to start using the new form now ,and be ready for the 12/31/2005 deadline. I will get this off to our printers and have the new forms made now and move right in with out a lot of worry on anyone's part.

    Again thanks for the post and alert. The forum has once again become the HRhero for us all and paid for the service gained by being a subscriber.


  • You mention Foreign Nationals in your post and we have printed off the new I-9 form and see that Foreign National is now a check box on the front of the form.

    Can anyone explain what the difference is between a Foreign National and a Permanent Resident?

  • HRMAIDEN: The Foreign National is anyone that is not a US Citizen or a National of the United States. My boys born in Germany are Nationalized Citizens of the United States, they were also citizens of Germany and on their 18th birthday they had to declare which one they were going to choose to be. They chose a US Citizenship. They are two red-blooded Americans, who are not entitled to run and become the President of these United States. Like ARNOLD, they and we are very disappointed.

  • Is this available for download?
  • Yes, I did a google for I-9 Form and it took me right to the form and I down loaded it and made 100 copies for our next 100 hiring opportunities.

  • I am sorry. Here is the web address for the I-9. Also the it tells about the Employer Information Bulletins that might help (dated 3/16/05). Good info, but also confusing.
    The 62 Fed Reg 51001 - 51006 is hard to find... but I found it. I drew up my own page of List of Acceptable Documents based on this and doesn't look like the new one.

    Also basically the info on this reg tells you things were changed in 1997 (under list A) but they didn't want to publish them to confuse folks, so are basically letting the old rules (and the form) stand until amended. However, the new form, 5/31/05 I-9 doesn't even have the changes mentioned in this reg!! That is why I was so confused.
    Sorry about all this. I am just so mad about our tax dollars and the government regs that don't make sense and they don't seem to be able to get things done right and efficiently. Why pass these if you don't use them? Sounds like one hand doesn't know what the other is doing.


    E Wart
  • Where's Al Gore and his federal paper reduction act when you need him?x:D
  • It took me a bit to recall what 62 Fed Reg 51001-06 is (OK, took me a bit to find it online), here is what it says for those of you who also forgot.

    There were some documets under List A that are no longer acceptable. They are: numbers 2, 3, 8, and 9, and the I-151 listed under 5, while the I-766 was acceptable under 10.

    So, I'm with you. Makes no sense.
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-21-05 AT 09:29AM (CST) by Christy Reeder (admin)[/font][br][br]HRCALICO & E-WART: I did not find the confusion nor the difficulty to which you write above. I did a google with "I-9 Form", which took me to a web page and the I-9 employee verification system, on which I clicked and it took me to the actual pages explaining about the new version. I went to the form and printed it off which was the new form. This form is written by DHS and USCIS. Where is your confusion? Print off the document and put it to use, just like you did with the original.

    I hope this exercise will make you feel better about your government. It is not confusing unless you want it to be, then it will be.

  • Pork, we're confused because the 1997 updates are not included on this form. It's easy enough to print and use, but we'll have to make the same cross-outs and additions on page 3 as we did on the old form.
  • HRCalico: The 1997 up-dates do not have to be in the form. Those have been changed or deleted and this new form is for now and will be the form to use as of 12/31/2005. You are not at risk, as long as, you choose to use the new form now or if you wait until 12/31/2005.

  • Pork, it does say the following on the web site that E Wart posted (scroll down to nearly the bottom):

    Special Instructions:

    Please note the following changes to the Form I-9 process:

    Form I-766 (Employment Authorization Document), although not listed on the 5/31/05 version of the Form I-9, is an acceptable List A document #10.

    Form I-151 is no longer an acceptable List A document #5. However, Form I-551 remains an acceptable List A document #5.

    The following documents have been removed from the list of acceptable identity and work authorization documents: Certificate of U.S. Citizenship (List A #2), Certificate of Naturalization (List A #3), Unexpired Reentry Permit (List A #8) and Unexpired Refugee Travel Document (List A #9).

    So, you'd think those changes would be on the updated form!
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