• New Form I-9 Published March 8, 2013
  • March 18, 2013 | Author: Silas M. Ruiz-Steele
  • Law Firm: Barley Snyder - York Office
  • On March 8, 2013, the Department of Homeland Security’s United States Citizenship and Immigration Service ("USCIS") released its new Form I-9 (Employment Eligibility Verification). Previously a one-page form, the new version is two pages. According to USCIS, the revised Form I-9 is designed to minimize errors in form completion. According to USCIS, the following are the most important changes on the new form:

    • The form clarifies that the employee’s portion must be completed "no later than the first day of employment, but not before accepting a job offer."
    • The employee must provide "Other Names Used" rather than only "Maiden Name" as before. This field is designed to help E-Verify determine if the worker has received work authorization in a previously-held name, potentially avoiding an unnecessary "tentative non-confirmation."
    • Sections 1 and 2 now refer to "USCIS number" in addition to "alien registration number" for permanent resident aliens. Section 1 now requires an employee using a work visa classification to provide an I-94 number along with the foreign passport number and country of citizenship.
    • The form refers to instructions about "exemptions" from the requirement to indicate the date for the employee’s "first day of work." The instructions state that "Temporary staffing agencies may enter the first day the employee was placed in a job pool."
    • Section 3 for "re-verification and rehires" now recognizes that the employee may be presenting a "new name" reflecting a name change from court order, marriage, divorce, etc. Section 3 also clarifies the different types of annotations on a social security card that would make it unacceptable for evidence of work authorization.

    After May 7, 2013, all prior versions of Form I-9 may no longer be used, and employers who fail to use the new Form I-9 will be subject to enforcement and penalties under federal immigration law. The new form is now available on the USCIS’s website at www.uscis.gov/i-9.