The Current Form I-9The new Form I-9 requires that all documents presented for Form I-9 purposes be unexpired. Previously, certain documents (such as U.S. passports) were acceptable, even if expired. In addition, the new Form I-9 eliminates Forms I-688, I-688A, and I-688B (Temporary Resident Card and older versions of the Employment Authorization Card/Document) as List A documents. USCIS no longer issues these cards, and all that were in circulation have expired. In addition, the delayed Form I-9 adds as List A documents U.S. Passport Cards, foreign passports containing specially-marked machine-readable visas, and documentation for certain citizens of the Federated States of Micronesia (“FSM”) and the Republic of the Marshall Islands (“RMI”). The Form I-9 also makes other, technical changes to the list of acceptable documents. Finally, the Form I-9 makes certain revisions to the employee attestation section, such as the introduction of the concept of “non-citizen nationals” (persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad). A copy of the Employer Handbook for Form I-9 is available here. Social Security Number OptionalLike the predecessor Form I-9, the April 3, 2009, Form I-9 clarifies that an employee is not required to provide a Social Security number on Form I-9, unless the employer participates in E-Verify (formerly known as the Basic Pilot / Employment Eligibility Verification Program). Non-Discrimination and “Document Abuse” Employers are reminded that employees may present any List A document, or any combination of any List B and List C documents (these lists remain unchanged), to establish employment authorization. Employers may not specify which documents an employee presents. Questions The foregoing is not intended as legal advice. If you have specific questions regarding Form I-9 compliance or the risks associated with national origin claims under Title VII of the Civil Rights Act of 1964, please contact one of our attorneys. | 
