• USCIS Issues New Form I-9, Effective Immediately
  • March 15, 2013 | Author: Abigail M. Moland
  • Law Firm: McGrath North Mullin & Kratz, PC LLO - Omaha Office
  • On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) released a new Employment Eligibility Verification Form I-9. As in the past, all employers are required to use the Form I-9 to verify the identity and employment authorization eligibility for their employees, and the form must be kept on file for 3 years after the date of hire or for one year after employment is terminated, whichever is longer.

    The revisions to Form I-9 are substantively rather insignificant, but contain some formatting changes and the inclusion of additional data fields. The key revisions to the form include:

    • Added data fields, including the employee’s foreign passport information (if applicable) and telephone and email addresses;
    • A revised layout, expanding the form from one to two pages; and
    • An expanded instructions section.

    While the previously valid forms (Revisions 08/07/09Y and 02/02/09N) may be used until May 7, 2013, employers should begin using the new Form I-9 (Revision 03/08/13), immediately for all new hires. The revision date is located in the bottom right-hand corner of the form.

    After May 7, 2013, employers must use the new Form I-9 for new hires.

    Employers do not need to complete a new Form I-9 for current employees for whom there is already a properly completed Form I-9 on file. In the cases of a re-verification or rehire, the new version of the Form I-9 must be completed.

    The “Handbook for Employers Guidance for Completing the Form I-9 (M-274)” is in the process of being updated to reflect the new form and will be released by USCIS in the very near future.

    The new Form I-9 is available at: http://www.uscis.gov/files/form/i-9.pdf