New I-9 Form Has Arrived

On March 8, 2013, USCIS released a new Employment Eligibility Verification Form I-9.  Employers should begin using the new Form I-9 with revision date 03/08/13 immediately for all new hires. However, in order to allow companies to incorporate the new Form into their HR practices, USCIS provided employers with a 60-day grace period. USCIS has stated that use of the previous versions of Form I-9 (which bear the date 02/02/09 or 08/07/09 in the lower left corner of the form), will no longer be permitted after May 7, 2013.

The Form I-9 must be used by all employers to verify the identity and employment eligibility of new hires to confirm they are authorized to work in the United States. Civil penalties for technical paperwork violations relating to Form I-9 compliance can vary from $110 to $1100 per violation. It is therefore critical that every employer revisit their hiring practices and ensure that they are utilizing the correct version of the Form, and also adhere to the required timeframes and documentation retention periods.

Key Changes in the New Form

The revised Form I-9 introduces new fields for collecting data on the individual’s foreign passport (if applicable), telephone number, and e-mail address.  During the notice and comment period for the proposed form, employers voiced concern over the addition of the latter two fields.  The Instructions to the Form I-9 now indicate that employees may voluntarily provide a telephone number and e-mail address in Section 1; however, if employees choose not to provide this information, they may write “N/A” instead. The Instructions also contain a vague (and somewhat ominous) explanation that DHS may contact the individual if there is a mismatch between government records and the information the individual provided.

In addition, USCIS has improved some of the language in the Instructions to the Form I-9 as well.  For instance, the new Instructions include more definitive statements on the required timing for completing the Form I-9 and the employee’s presentation of acceptable documents. For instance, the List of Acceptable Documents now includes clarifying language as to the types of documents that may be accepted for I-9 purposes, including language on restricted Social Security cards.

The format of the Instructions has also improved the overall readability of the form, but the number of pages has doubled from prior versions (from three pages to six pages of Instructions).  Additionally, USCIS indicates that it is in the process of updating “The Handbook for Employers” (M-274) – a useful guide for employers on completing the Form I-9 – to comport with the revised Form I-9 and that an updated version of the Handbook will be released soon.

Conclusion

The newest version of Form I-9 represents the most significant revision of the Form since its last major revision in November 1991. Capitol Immigration Law Group is happy to answer any questions and will host a Form I-9 training seminar to assist employers with navigating and understanding the new Form I-9. Please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics. If our office can be of any help, please feel free to contact us.