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USCIS has revised the Form I-9. The most significant change to the Form I-9 is a reduction in the number acceptable documents on List A, documents which establish both identity and employment eligibility. Employers are required to use the revised Form I-9, labeled "(Rev. 06/05/07)N," for all individuals hired on or after November 7, 2007.
Under the longstanding Memorandum of Understanding (MOU) between the Immigration and Naturalization Service (now USCIS) and the Employment Standards Administration (ESA), Office of Federal Contract Compliance Programs (OFCCP) is authorized to inspect the Form I-9 of federal contractors or subcontractors whenever an onsite review is performed during a compliance evaluation.
On June 9, 2008, Executive Order (E.O.) 12989 was amended to require, as a condition of future contracts, that federal contractors use an electronic verification system to confirm the employment eligibility of new hires and existing personnel assigned to perform work on the new federal contract.(2) DHS is authorized to issue implementing regulations for E.O. 12989, but has not yet done so. Once implementing regulations are issued, this Directive may be revised to reflect any necessary changes to OFCCP's Form I-9 inspection procedures.
The most significant change to the revised Form I-9 is the elimination of five documents from "List A" of the "Lists of Acceptable Documents." List A specifies the documents that can be used to establish both identity and employment eligibility. The five documents that have
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