USCIS Issues New I-9 Form For Employers

On Friday, March 8, 2013, the federal Citizenship and Immigration  Services (USCIS) published in the Federal Register a new version of the I-9 form which all employers must complete upon hiring a new employee to confirm their identity and that they may lawfully work in the United States.  Although the new, two-page form is longer than the old form and may be used immediately, employers are not mandated to begin using the new form until May 7, 2013 (at which time the older versions of the form are no longer valid for newly hired employees). Employers are not required to (and should not as a general matter) complete the new form for current employees unless a separate re-verification requirement exists for that employee.    The new form contains optional fields for the employee’s email address and phone number.  It also revises the format of the current form, lengthens the instructions, and contains a field for the employee’s foreign passport number, etc.  Failure to complete and retain the I-9 forms can subject an employer to financial and criminal penalties.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.