On March 8, 2013, U.S. Citizenship and Immigration Services (“USCIS”), a subdivision of the Department of Homeland Security, introduced a revised Form I-9, the form that all employers must use to verify the employment authorization and identity of each new hire. The revised Form I-9, which has a revision date of “(Rev. 03/08/13)N” in the lower right corner, contains several new data fields and revised instructions. Employers should begin using the new Form I-9 as soon as possible for new hires. (It is not necessary or appropriate for employers to complete the revised Form I-9 with respect to current employees for whom the employer already has properly completed Form I-9s on file, unless it is necessary to reverify a current employee’s employment authorization.) Recognizing that it may take time for some employers to implement the use of the revised Form I-9, USCIS is providing a sixty-day window period (until May 7, 2013) to implement use of the new form. After May 7, 2013, employers that continue to use out-of-date versions of Form I-9 to verify the employment authorization and identity of new hires or to reverify current employees when required to do so (for example, when a visa that the employee presented at the time of hire expires) will be subject to monetary (and possibly criminal) penalties.
Copies of the revised Form I-9 can be obtained by calling the USCIS at 1-800-870-3676. The new form will soon be available for download from the USCIS website, www.uscis.gov.