As stated in our March 18, 2013 Labor & Employment Law Perspectives, the Department of Homeland Security (DHS) has issued a new version of the Form I-9, Employment Eligibility Verification. In announcing the new I-9 Form, DHS stated that “after May 7, 2013,” employers must use the new I-9 Form in verifying employment eligibility as to new hires and for reverifications. DHS now has issued a correction notice stating that the new I-9 Form is mandatory as of May 7, 2013. This is a day earlier than initially announced.

Further, DHS has rejected requests that it give leeway to employers who start using the new Form I-9 a day late (on May 8) even though DHS’s initial announcement may cause this misunderstanding. Employers that fail to use the new version of the Form I-9 on and after May 7, 2013 may be subject to penalties. Therefore, it is very important for all employers to prepare for the new I-9 Form in the next few weeks and to begin using it no later than May 7, 2013. For information about the new I-9 Form, please see our earlier update which highlights some of the key changes.