• Employers Must Begin Using the New I-9 Form
  • March 19, 2013 | Authors: Charles R. Bacharach; Robert C. Kellner
  • Law Firm: Gordon Feinblatt LLC - Baltimore Office
  • On March 7, 2013, the U.S. Citizenship and Immigration Services (USCIS) issued a revised Employment Eligibility Verification Form, better known as the I-9 form.  Although USCIS mandated that employers begin using the new form immediately, it also provided a 60-day grace period to allow employers time to make the switch.  After May 7, 2013, however, the previous version of the I-9 form will no longer be accepted.   The new form may be downloaded from the USCIS website.

    The key revisions to the I-9 form include:

    • Adding data fields, including the employee’s foreign passport information (if applicable) and telephone and email addresses.

    • Adding more detail to the form’s instructions.

    • Revising the layout of the form, expanding the form from one to two pages (not including the form instructions and the List of Acceptable Documents).

    Employers do not need to complete a new I-9 form for current employees for whom there is already a properly completed I-9 form on file, unless re-verification is required.

    The rules pertaining to the I-9 form remain unchanged.  Employers are still required to maintain an I-9 form for as long as an individual works for the employer and for the required retention period after termination of the individual’s employment, which is either three years after the date of hire or one year after the date employment ended, whichever is later.

    Employers who use hard copies of the I-9 form should start using the new form immediately.  Those employers who use the electronic version of the I-9 form should begin making the necessary changes to their system to accommodate the new format.