New I-9 Form Released

The official revised Employment Eligibility Verification Form I-9 was released March 8, 2013 by the U.S. Citizenship and Immigration Services (USCIS).

 

Employers should begin using this new form immediately. The new Form I-9 will contain a revision date of 03/08/13 that is located on the bottom left-hand corner of the form.

 

Final Changes to the Form I-9

 

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

 

• Adding data fields, including the employee’s foreign passport information (if applicable) and telephone and e-mail addresses.

   

• Improving the form’s instructions.

   

• Revising the layout of the form, and expanding the form from one to two pages (not including the form instructions and the List of Acceptable Documents).

 

60-Day Grace Period

 

Prior versions of the I-9 will no longer be accepted and should not be used after May 7, 2013. The agency is providing employers 60 days to make the necessary internal changes in their business processes to implement the new form.

 

The new I-9 form can be downloaded here.

 

A Spanish-language version of the new Form I-9 is available, however may only be filled out by employers and employees in Puerto Rico only.

 

Handbook for Employer

 

The M-274 Handbook for Employers is in the process of being updated as well. Employers are advised by USCIS to follow instructions on the new Form I-9 until the revised handbook has been updated.

 

Employers are required to maintain an I-9 for as long as an individual is employed and for the required retention period following their employment termination, which is the later of three years after the date of hire or one year after the date employment ended.

 

Failure of an employer to ensure proper I-9 completion and retention may subject the employer to civil monetary penalties, and possibly even criminal penalties.

 

USCIS noted 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, unless reverification applies.