The U.S. Citizenship and Immigration Services (USCIS) has announced the release of the revised Form I-9, Employment Eligibility Verification Form, available for use beginning March 8, 2013. The updated version of the form “(Rev. 03/08/13) N” replaces prior versions ((Rev. 02/02/09) N and (Rev. 08/07/09) Y), which may no longer be used by the public as of May 7, 2013. Employers must use the Form I-9 to verify the identity and employment eligibility of all new employees hired after November 6, 1986.
The newly revised Form I-9 features additional data requests, including fields for foreign passport information, telephone numbers and email addresses, updated instructions and, most importantly, an expanded format from one page to two. The new two-page layout does not include the List of Acceptable Documents and form instructions. According to the new format, employees will be required to complete Page 1 of the form while employers will complete Page 2.
According to the USCIS, employers should begin using the new version of the Form I-9 immediately but will be granted a 60-day grace period to implement the change. After May 7, 2013, employers who fail to use the revised Form I-9 may be subject to penalties under Section 274(A) of the Immigration and Nationality Act (INA), as enforced by U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Justice (DOJ). Employers should follow the instructions found on the new Form I-9 until the release of the revised M-274, Handbook for Employers, which is being updated to conform to the new form.
To download a copy of the new Form I-9 and corresponding instructions, please click here.