New Form I-9 Mandatory Use Required Beginning on May 7


Starting on May 7, 2013, all employers in the United States may only use the new Employment Eligibility Verification Form I-9 with a revision date of 03/08/13N to comply with employment eligibility verification requirements under the Immigration Reform and Control Act of 1986. 

This new Form I-9 is now a 2 page form, and adds several data fields.  Some of the key revisions include:

Section 1 - Adds data fields, including additional passport information    for some foreign workers in the U.S.  The provision by the employee of his or her email address and telephone numbers are optional.  If a company is enrolled in E-Verify, the employee must provide a Social Security Number in Section 1.

Section 2 - A revised layout for List A or B and C documents is on a second page, and space is provided at the top for the employer to write in the employee's name. 

Additionally, the USCIS has released an updated Handbook for Employers, Guidance for Completing Form I-9, to reflect the Form I-9 revisions.  This handbook can be very helpful in the completion of Form I-9.

Employers that fail to use the new Form I-9 starting on May 7 can be subjected to substantial penalties, and compliance can be enforced by Immigration and Customs Enforcement, the U.S. Department of Labor and the U.S. Department of Justice.

The USCIS encourages employers to print the new Form I-9 front to back on one piece of paper to prevent one of the pages being lost or mislaid.  While the form provided by the USCIS is an Adobe fillable form, employees and employers should print out and complete the new Form I-9 by hand, unless employers are using sophisticated electronic I-9 software.

Quick links for additional information:

If you have any questions regarding the completion, retention and/or responding to inquiries from any Federal agency regarding Form I-9, please contact our Employment Law Immigration Team.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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