Heads Up: Employers Must Use New I-9 Form as of May 7, 2013

“Human resources professionals charged with overseeing I-9 form completion or retention are encouraged to study the USCIS Handbook for Employers. It contains a wealth of reference material, including detailed information on completing and retaining the I-9 form, avoiding discrimination problems, the role of third-party recruiters and use of the E-Verify system.” (Holland & Knight)

Employers and HR managers take note: the US Citizenship and Immigration Services has revised the I-9 Employment Eligibility Verification form, and you must start using it by May 7, 2013.

Here’s what you need to know:

1. USCIS wants additional data from employees:

“Form I-9, which was previously a one-page document, has been expanded to two pages (exclusive of the document’s instructions) largely because of the addition of certain fields in section 1… The Form now requests that employees provide their foreign passport information (where applicable), telephone number, and email address. The latter two fields remain optional, and therefore should not be mandated by employers.” (Reed Smith)

2. The list of “acceptable documents” has been revised:

“Several previously acceptable documents no longer are acceptable:

  • Alien Registration Receipt Card with photograph — Form I-151
  • Unexpired Reentry Permit — Form I-327
  • Unexpired Refugee Travel Document — Form I-571
  • Unexpired Temporary Resident Card — Form I-688
  • Unexpired Employment Authorization Card — Form I-688A
  • Unexpired Employment Authorization Card with photograph — Form I-688B
  • Certificate of Naturalization — Form N-550/570
  • Certificate of U.S. Citizenship — Form N-560/561

On the other hand, several documents are newly considered to be List A documents:

  • Foreign passport with Arrival/Departure Record with endorsement — Form I-94/94A
  • Employment Authorization Document with photograph — Form I-766
  • Passport from the Federates States of Micronesia with Form I-94/94A” (Holland & Knight)

3. Steep penalties for noncompliance still apply:

“A wise employer knows that it has no option but to make every effort to properly complete an I-9 for each new hire. Fines of $110 to $1,100 may be imposed for each improperly completed or unavailable I-9 which is discovered in an audit by Immigration & Customs Enforcement or Department of Labor.” (K&L Gates)

The updates:

Find additional updates on the Employment Eligibility Verification Form I-9 at JD Supra Law News>>