On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published a revised Form I-9 for use in verifying employment eligibility.  All employers must complete a Form I-9 for each newly-hired employee.  Employers may continue to use previously-accepted versions until May 7, 2013.  Effective May 8, 2013, employers must use only the new form, a copy of which may be retrieved by clicking here.  Employers can be penalized for not using the new form after May 7.

According to the USCIS, employers should not complete a new Form I-9 for current employees if a properly completed Form I-9 is already on file.  Employers should use the new Form I-9 only for new hires and when reverification applies.  Please note that unnecessarily requiring an employee to verify employment eligibility may violate anti-discrimination laws.

According to the USCIS, the most significant revisions to the Form I-9 include:

  • Adding data fields;
  • Reformatting to reduce errors;
  • Revising the layout and expanding the form from one to two pages (not including instructions); and
  • Clearer, expanded user-friendly instructions for both employees and employers.

Employers will now have six pages of instructions before getting to the two pages that need to be filled.  The new instructions are meant to provide a step-by-step guide for employers and include definitions for the four types of citizenship or immigration status.  The new instructions also provide guidance on unexpired versus expired documents and on accepting receipts.

Keesal, Young & Logan Employment Group

This information has been prepared by Keesal, Young & Logan for informational purposes only and is not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between you and Keesal, Young & Logan. You should not act upon this information without seeking professional counsel.