New Employment Eligibility Verification Form, Form I-9, Issued by USCIS

Cozen O'Connor

On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) issued a new Employment Eligibility Verification Form, Form I-9, and a revised Handbook for Employers, M-274. The main changes to the new Form are that it contains further instructions on how to complete the Form I-9 and also expands the Form itself to two pages. Employers should review the revised Handbook and may begin using the new Form I-9 immediately both for new hires and for work authorization reverification. USCIS is allowing employers two months to transition to the new Form I-9, but beginning on May 7, 2013, employers must use the new Form I-9. Employers do not need to complete a new Form I-9 for current employees with a proper I-9 on file.

The new Form I-9 is two pages — instead of one page — and is designed to be easier to read and complete. The revised Section 1 requests an employee’s telephone number and email address, although the revised Handbook for Employers notes that providing this information is voluntary. When applicable, Section 1 of the revised Form I-9 requires an employee to note his or her foreign passport number and the country of issuance.

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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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