U.S. Immigration and Customs Enforcement has published the new Employment Eligibility Verification Form I-9 (with a revision date of “03/08/13 N”) in the Federal Register. The new Form, published on March 8, 2013, should be used beginning May 7, 2013, at the latest.

The key revisions include:

  • Adding data fields, including the employee’s foreign passport information (if applicable) and telephone numbers and email addresses. (The telephone numbers and email addresses are optional.)
  • Improving the form’s instructions, including more definitions.
  • 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).

Employers should begin using the new Form to comply with their employment eligibility verification responsibilities. After the 60-day transition period from the date of publication, no prior versions of Form I-9 will be acceptable. During the transition period, both the old and the new versions of the Form may be used. This permits employers time to train managers and employees on completing the Form and to adapt information technology to the changes.

Employers who fail to use the new Form I-9 after the transition period may be subject to applicable penalties as enforced by Immigration and Customs Enforcement and the Department of Justice.

Employers may access the new Form I-9 online by visiting http://www.uscis.gov. To order immigration forms, call 1-800-870-3676. USCIS forms and information on immigration laws, regulations and procedures can be obtained by calling the National Customer Service Center at 1-800-375-5283 or by visiting USCIS’s I-9 Central web page at http://www.uscis.gov/I-9Central.

Additionally, USCIS will release an updated “Handbook for Employers” (M-274) to reflect the Form I-9 revisions. The Handbook is a useful guide for employers on completing the Form I-9.