Rev I-9 Instruction from 04/09/2009

[Kez/JWolf 6]

USCIS have updated the information about the changes to the I-9 form (This form has to be completed by everyone who is starting a new job) The changes take effect on 04/09/2009.

It now clearly state that a Non-Immigrant Visa holder with a I-94 is only valid for a specific employer and has to be a work authorized visa. So K1's will no longer be able to provide evidence for the I-9 using their I-94 and temp EAD Stamp.

Taken from http://www.uscis.gov/files/nativedocuments/m-274.pdf page4

The amended Form I-9 retains four types of acceptable List A

documents: (1) the U.S. Passport (unexpired or expired); (2) an

unexpired Permanent Resident Card or Alien Registration

Receipt Card (Form I-551); (3) an unexpired foreign passport

with a temporary I-551 stamp; and (4) an unexpired

Employment Authorization Document that contains a

photograph (Form I-766, I-688, I-688A, I-688B). In addition, the

amended Form I-9 modifies one acceptable List A document,

replacing the "unexpired foreign passport with an attached Form

I-94 indicating unexpired employment authorization" with "an

unexpired foreign passport with an unexpired Arrival-Departure

Record, Form I-94, bearing the same name as the passport and

containing an endorsement of the alien's nonimmigrant status, if

that status authorizes the alien to work for a spicific employer." All of

these acceptable List A documents were carried over from the

previous Form I-9, with the exception of the Form I-766, which

is a new version of the Employment Authorization Document

that has been added to List A. The order and organization of List

A also have been revised for ease of use. For example, the

various Employment Authorization Documents are listed

together as one category, and the unexpired foreign passport with

temporary I-551 stamp is a separate entry from the unexpired

passport with Form I-94 indicating an employer-specific workauthorized

nonimmigrant status.

New I-9 Form http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf see Item 5 List A

5.In the case of a nonimmigrant alien

authorized to work for a specific

employer incident to status, a foreign

passport with Form I-94 or Form I-94A

bearing the same name as the passport

and containing an endorsement of the alien's

nonimmigrant status, as long as the period

of endorsement has not yet expired and the

proposed employment is not in conflict with any

restrictions or limitations identified on the form.

Edited February 12, 2009 by Kez/JWolf