Revised I-9 Form Must Be Implemented by May 7, 2013

“An employer’s Forms I-9 are subject to inspection by U.S. Immigration and Customs Enforcement, U.S. Office of Special Counsel and the U.S. Department of Labor to ensure compliance with various immigration, anti-discrimination, and wage and hour laws.” (Snell & Wilmer)

On March 8, 2013, the United States Citizenship and Immigration Services (USCIS) announced that it had revised Form I-9, the Employment Eligibility Verification form. Employers have until May 7 to begin using the new I-9.

For your reference, here’s a roundup of legal updates on the matter:

New Form I-9 Has Arrived (Snell & Wilmer L.L.P.):

“The Immigration Reform and Control Act of 1986 requires employers to verify the identity and employment authorization of all employees hired after November 6, 1986. To comply with that legal obligation, the Form I-9, Employment Eligibility Verification (Form I-9), was created for employers to use for each employee hired. Employers are further required to maintain completed Forms I-9 throughout the respective employee’s employment and thereafter either for three years after the date of hire or for one year after employment is terminated, whichever is later.” Read on>>

U.S. Citizenship and Immigration Services (USCIS) Announces A Newly Revised Form I-9 (Fowler White Boggs P.A.):

“On March 7, 2013, the USCIS announced that it will be publishing a new Form I-9 revision on March 8, 2013. Employers are required to use the Form I-9 to verify the identity and employment authorization eligibility of their employees. The newly revised Form I-9 makes several improvements designed to minimize errors in form completion.” Read on>>

New Form I-9 is Issued (Miller & Martin PLLC):

“The revised form is also intended to improve the form’s instructions and change the layout of the form. This will result in an expansion of the form from one page to two pages (not including the separate pages for the form’s instructions and the List of Acceptable Documents).” Read on>>

Revised Form I-9 Effective March 8, 2013 (Ogletree, Deakins, Nash, Smoak & Stewart, P.C.):

“The new edition of the Form I-9 will be immediately effective upon publication in the Federal Register and will become the only acceptable version of the form as of May 7, 2013. Until then, the U.S. Citizenship and Immigration Services (USCIS) has provided a 60-day grace period during which the current version of Form I-9 will remain valid for use in order to ‘help alleviate the burden that immediate implementation of the newly revised Form I-9 would have imposed on employers.’” Read on>>

New I-9 Form required as of May 7, 2013 (Baker, Donelson, Bearman, Caldwell & Berkowitz, PC):

“For the first time, the form itself clarifies that the employer’s portion must be completed “no later than the first day of employment, but not before accepting a job offer.” This confirms the emerging notion that, while the worker must complete Section 1 on the first day of work, the employer’s portion may be completed as late as the fourth day of work.” Read on>>

U.S. Employers Face New Form I-9 Requirements (Morgan Lewis):

“Software developers that provide third-party Form I-9 software will be expected to reconfigure their products during the 60-day transition period and will be required to use only the new version of the Form I-9 as of May 7. Employers who are unable to make an effective transition to an electronic version of the new form by using their existing electronic platforms will still be required to implement a compliant system for completing the new Form I-9 by May 7.” Read on>>

New Form I-9 Effective May 7, 2013 (Varnum LLP):

“The new Form I-9 contains several revisions designed to minimize errors in form completion, adds data fields including the employee’s foreign passport information (if applicable) and optional telephone and email addresses, improves the form’s instructions, revises the layout of the form, and expands the form from one to two pages.” Read on>>

Find additional updates on the new I-9 at JD Supra Law News>>