Employers Must Use New Form I-9 Beginning May 7, 2013

May 2013

Attention, Employers: Beginning May 7, 2013, all employers must use a new version of the Form I-9 to verify all newly hired employees’ identity and right to work in the U.S.  The U.S. Citizenship and Immigration Service (“USCIS”) released a new version of the Form I-9 on March 8, 2013, which employers must use beginning May 7, 2013.  Although the changes to the form are not significant, employers must pay careful attention to the revisions and must complete and retain the form or else face significant fines.

The main revisions to the Form I-9 are: (1) new data fields, including the employee’s foreign passport information (if applicable), telephone number, and email address; (2) improved instructions; and (3) a revised layout that expands the form to two pages (not including the instructions and list of acceptable documents).  The newly hired employee must complete and sign Section 1 of Form I-9 by the first day of employment. After ensuring that Section 1 is properly completed, the employer must complete Section 2. The employer completes Section 3 only when re-verifying that an existing employee is authorized to work or when rehiring an employee within three years of the date the original Form I-9 was completed, although in the latter case the employer may elect to complete a new Form I-9 instead.

Remember that all employers must begin using the new Form I-9 no later than May 7, 2013. The new Form I-9 can be found on the USCIS website at: http://www.uscis.gov/files/form/i-9.pdf.

Please note that the information contained in this newsletter is not intended to provide specific legal advice. You should consult with an attorney and not rely on any information contained herein regarding your specific situation.