USCIS Corrects Form I-9's Effective Date of Use

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On April 9, 2013, U.S. Citizenship and Immigration Services (USCIS) published a notice of correction in the Federal Register to rectify a mistake made in its prior notice of March 8, 2013, in connection with the new version of Employment Eligibility Verification, Form I-9 (Form I-9).

In the March 8, 2013, notice, USCIS stated incorrectly the effective date as of "After May 7, 2013" in which employers can no longer use prior versions of the Form I-9.

USCIS's correction notice of April 9, 2013, rectifies the error, stating that "prior versions of Form I–9 can no longer be used effective May 7, 2013."

In other words, employers should begin using the "(Rev. 03/08/13)N" edition Form I-9 right away; older versions of Form I-9 "(Rev. 02/02/09)N" and "(Rev. 08/07/09)Y" will be accepted until May 6, 2013. Effective May 7, 2013, only the "(Rev. 03/08/13)N" will be accepted. The revision date is on the lower-left corner of the form.

As stated on the USCIS I-9 Central home page: "Federal law requires that every employer and agricultural recruiter/referrer-for-a-fee hiring, or recruiting/referring for a fee, an individual for employment in the United States complete a Form I-9, Employment Eligibility Verification."

For Further Information

If you have any questions about this Alert, please contact any of the attorneys in our Employment, Labor, Benefits and Immigration Practice Group or the attorney in the firm with whom you are regularly in contact.