On March 7, 2013, the USCIS announced that it will be publishing a new Form I-9 revision on March 8, 2013. Employers are required to use the Form I-9 to verify the identity and employment authorization eligibility of their employees. The newly revised Form I-9 makes several improvements designed to minimize errors in form completion. The key revisions to Form I-9 include:
Adding data fields, including the employee’s foreign passport information (if applicable)
and telephone and e-mail addresses.
Improving 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).
The Employment Eligibility Verification form (Form I-9) with a revision date of “(Rev. 03/08/13) N” will be available for use beginning on March 8, 2013. Prior versions of Form I-9 (Rev. 08/07/09) Y and (Rev. 02/02/2009) N will be rendered obsolete and will no longer be valid for use by the public effective 60 days from the date of publication in the Federal Register (scheduled for publication on March 8, 2013).
After 60 days from the date of publication, employers who fail to use the new revision may be subject to all applicable penalties under section 274A of the INA, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE) and the Department of Justice (DOJ).
Note that employers do not need to complete the new Form I-9 (Rev. 03/08/13)N for current employees for whom there is already a properly completed Form I-9 on file, unless re-verification applies. Unnecessary verification may violate the anti-discrimination provision at section 274B of the INA, 8 U.S.C. 1324b, which is enforced by DOJ’s Office of Special Counsel for Immigration Related Unfair Employment Practices.
For more information or assistance on the I-9 process, please contact Bill Flynn, Board Certified Immigration and Nationality attorney.