U.S. Citizenship and Immigration Services Releases New Form I-9

Expert Article by Klodiana Tedesco

In March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) revealed the newly revised Employment Eligibility Verification form, Form I-9, with a revision date of “(Rev. 03/08/13) N.” The newly revised Form I-9 makes several improvements designed to minimize errors in form completion. The new Form I-9 has added new data fields, including the employee’s foreign passport information (if applicable) and telephone and email addresses, it has improved the form’s instructions, and revised the layout of the form, which now has two pages.

Employers are required to begin using the new Form I-9 immediately to verify the identity and employment authorization eligibility of new employees. However, because USCIS recognizes that employers may need some time to update their systems, forms and practices, it is providing employers 60 days to make necessary changes. AFTER MAY 7, 2013, ALL PRIOR VERSIONS OF FORM I-9, (Rev. 08/07/09) Y and (Rev. 02/02/09) N, CAN NO LONGER BE USED BY THE PUBLIC. After May 7, 2013, employers who fail to use Form I-9 (Rev. 03/08/13) N may be subject to fines and penalties imposed by U.S. Immigration and Customs Enforcement (ICE) and the Department of Justice (DOJ).

Employers do not need to complete the new Form I-9 (Rev. 03/08/13) N for current employees for whom there is already a properly completed Form I-9 on file, unless re-verification applies. Unnecessary verification may violate the anti-discrimination laws enforced by DOJ’s Office of Special Counsel for Immigration Related Unfair Employment Practices.

Employers can download the new Form I-9, related instructions, and information at www.uscis.gov/I-9Central, or order forms by calling 1-800-870-3676.