The U.S. Citizenship and Immigration Services ("USCIS"), a department of the Department of Homeland Security, announced a new version of the Form I-9 (Employment Eligibility Verification) for immediate use beginning March 8, 2013. The new Form I-9 replaces prior versions, (Rev. 08/07/09) Y and (Rev. 02/02/09) N, which can no longer be used after May 7, 2013. Employers will have a 60-day transition period to make modifications to Form I-9 compliance policies and procedures. Beginning on and after May 7, 2013 employers will be subject to civil money penalties, and in some cases, criminal penalties if they fail to use the new Form I-9 (Rev. 03/08/13) N (revision date located in the bottom right-hand corner of the form). To obtain a copy of the new Form I-9 click on link below.
In preparation for the use of the revised Form I-9, USCIS is in the process of updating its Handbook for Employers Guidance for Completing the Form I-9 ("Handbook"), Form M-274. USCIS has stated that the revised Handbook will be issued sometime during the week of March 11, 2013. The revised Handbook will have numerous examples of the documents that are acceptable for establishing the identity and employment eligibility of new employees. It will also continue to contain detailed instructions for completing Form I-9. To obtain a copy of the new Handbook when issued click on the link below.
Employers should take note of major changes in the revised Form I-9. These changes, which were first announced March 27, 2012, became effective on March 8, 2013. The changes 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 (1) to two (2) pages (not including the form instructions and the List of Acceptable Documents).
Detailed explanations of each document and the proper procedures for completing the Form I-9 will be found in the revised Handbook. Until issuance of the new Handbook, employers should follow the instructions on the new Form I-9. Employers should begin using the new, revised Form I-9 beginning March 8, 2013 and no later than May 7, 2013.
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