Author: Philip Ripani
U.S. Citizenship and Immigration Services (“USCIS”) has issued a revised Form I-9 for employment eligibility verification. In its announcement, USCIS advises that employers must now use the new Form I-9. However, employers who need additional time to make necessary updates to their business processes to allow for use of the Form I-9 may continue to use previously accepted revisions until May 7, 2013. After May 7, 2013, all employers must use the new revised Form I-9 for each new employee hired in the United States. Note that employers do not need to complete the new Form I-9 for current employees for whom there is already a properly completed Form I-9 on file. However, the new revised Form I-9 should be used for re-verification purposes. The new Form I-9 can be found at www.uscis.gov.
The revised form added data fields including those for an employee’s foreign passport information (if applicable), and the employee’s telephone and email address. The form’s layout was changed, expanding the I-9 from one to two pages. Instructions were expanded from three to six pages. Also, the information in the “List A” documents concerning foreign passports has been reformatted and the “List C” information for a social security card has been revised to show three restrictions on a social security card that render the card unacceptable as a “List C” document. The new form bears the date March 8, 2013, with an expiration date of March 31, 2016.
USCIS also released a revised Handbook for Employers, Guidance for Completing Form I-9. This more than 60 page handbook gives a wealth of information about completion of the new Form I-9 and can be found by clicking here.
With a greater occurrence of I-9 audits by the Department of Homeland Security (“DHS”), employers should immediately use the new revised Form I-9 and consider a thorough internal review of its I-9 compliance procedures with the assistance of counsel. Timely implementation of the use of the new Form I-9 will not only conform to USCIS requirements but also show good faith evidence of compliance with federal law if the DHS auditor “comes a calling” for an audit.
The Labor and Employment Group at Bose McKinney & Evans can help your organization stay informed and ready to manage any labor and employment issue that may arise in 2013. For more information regarding I-9 compliance or audits, or any other labor and employment question you may have, please contact your Bose McKinney & Evans labor and employment attorney.
Author: Philip Ripani