The United States Citizenship and Immigration Services (“USCIS”) released a new Employment Eligibility Verification Form I-9 (“Form I-9”) this month.
The Form I-9 is used to verify both the employment authorization eligibility and the identity of employees. Although employers should begin using this new form immediately, the USCIS acknowledges that some employers may need sufficient time to update their business processes prior to transitioning to the use of this form. As a result, if necessary, employers can continue using previously valid Forms I-9 until the use of the new form becomes mandatory on May 7, 2013. Employers who fail to utilize the new Form I-9 as of May 7, 2013, may be subject to penalties as set forth in 8 U.S.C. § 1324(a).
Provided that re-verification does not apply, employers are not required to complete a new Form I-9 for any current employees for whom proper Forms I-9 are already on-file.
The changes are aimed at minimizing errors in form completion and include:
- Expanded instructions;
- Expanded length from one to two pages; and
- New fields for e-mail addresses, phone numbers, and foreign passport information in Section 1.
The revised form includes “Rev. 03/08/13” in the lower left corner of the page and is accessible at www.uscis.gov.
Bottom Line
Employers should be aware of the new Form I-9 and begin utilizing it immediately, if possible. Failure to use this new form when it becomes mandatory on May 7, 2013, may subject employers to penalties.
More information about the new Form I-9 is available at www.uscis.gov/I-9Central.