On March 8, United States Citizenship and Immigration Services issued a revised Form I-9 for immediate use by employers. All employers are required to complete an I-9 for all employees within three days of hiring. Although USCIS encourages employers to begin using the new Form I-9 immediately, employers have a grace period of two months to continue to use the previous versions of the form. On May 8, 2013, use of the new Form I-9 will become mandatory and employers that fail to comply may be subject to civil penalties.
The revisions to the Form I-9 include a new layout, additional data fields and more detailed instructions regarding completion of the form and verification of the employee’s documents. It is important for all employers to review the new instructions and be sure to follow them when completing the form. Ultimately, U.S. Immigration and Customs Enforcement will decide on a case-by-case basis whether instructions have been properly followed. Until some precedent is developed regarding ICE’s interpretation of the new instructions, it will be difficult to predict whether the new instructions will require changes in the way that employers are currently completing their Form I-9.
Click here to download the new Form I-9.
If you have any questions about the new Form I-9 or any other labor or employment issues, please contact Glenn Israel at firstname.lastname@example.org or 207 774-1200.