The New Form I-9

The U.S. Citizenship and Immigration Services (USCIS) has released the Revised Employment Eligibility Verification Form (Form I-9).  The new Form I-9 is available at http://www.uscis.gov/files/form/i-9.pdf and all employers should being using this new form but have until May 7, 2013 before they are penalized for using the old form.  After May 7, 2013 all employers are required to use the new Form I-9.

You do not need current employees to complete the new I-9 as long as you have a properly completed form on file.

The revised Form I-9 makes several improvements designed to minimize errors in form completion.   The key revisions are:

  • Added data fields, including employee’s foreign passport information (if applicable) and telephone and email addresses.  The new instructions state that it is optional for the employee to provide their email address and phone number, but the form does not state that it is optional.  Employers should encourage employees to provide this contact information on the Form I-9 to allow the USCIS to contact the employee directly if needed.
  • Improved form instructions.
  • Revised the layout of the form, and expanded the form from one to two pages (not including the form instructions and the List of Acceptable Documents).

All employers are required to maintain completed Form 1-9’s for three years after the date of hire or on year after date the employment ended, whichever is later.

It is recommended that you maintain all Form I-9’s in one location outside of employee personnel files in case of inspection or audit.

If you have any questions regarding the new form, or any other HR related topic, we encourage to contact our office.

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