USCIS Issues Revised Form I-9 | Practical Law

USCIS Issues Revised Form I-9 | Practical Law

US Citizenship and Immigration Services (USCIS) has issued a revised Form I-9 for employers to use during employment eligibility verification. The new form is two pages rather than one and has more data fields for employee information, a revised layout and improved instructions.

USCIS Issues Revised Form I-9

Practical Law Legal Update 7-525-0702 (Approx. 4 pages)

USCIS Issues Revised Form I-9

by PLC Labor & Employment
Published on 08 Mar 2013 • USA (National/Federal)
US Citizenship and Immigration Services (USCIS) has issued a revised Form I-9 for employers to use during employment eligibility verification. The new form is two pages rather than one and has more data fields for employee information, a revised layout and improved instructions.
On March 8, 2013, US Citizenship and Immigration Services (USCIS) published a notice announcing the newly revised Form I-9, Employment Eligibility Verification. Employers should start using this form immediately.
The new form is the culmination of a revision period that was extended several times. In March 2012, USCIS published a rule revising an existing information collection and requesting comments on the new form. The public comment period was extended twice, and ended on October 15, 2012 (see Legal Update, USCIS Requests Comments on Revised Form I-9). During that period, USCIS also announced that employers could continue using the old Form I-9 after its Office of Management and Budget (OMB) control number expired on August 31, 2012 (see Legal Update, Employers Should Continue Using Current Version of Form I-9 Even After It Expires on August 31, 2012: USCIS).
USCIS has revised the form by:
  • Adding data fields for the employee's:
    • foreign passport information (if applicable);
    • telephone number; and
    • e-mail address.
  • Improving the form's instructions.
  • Revising the layout of the form, which expands the form from one to two pages (not including the form instructions and the List of Acceptable Documents).
According to the USCIS, these changes are designed to minimize errors when completing the form. However, because of its length and inclusion of unnecessary or confusing fields and instructions, the new form is likely to create confusion and increase the employer's burden in completing and administering the I-9 Form.
The new Form I-9 has a revision date of "03/08/13 N," which is located in the bottom left-hand corner of the form. All employers should begin using the form on March 8, 2013. However, since some employers will need time to update their business processes (including changes to electronic systems for employers using electronic Forms I-9), those employers have 60 days to start using the new form. After May 6, 2013, all prior versions of Form I-9 can no longer be used by employers, and those who fail to use the revised form may be penalized by Immigration and Customs Enforcement (ICE) and the DOJ. Employers must begin using the new I-9 Form on May 7, 2013.
Employers do not need to complete the new Form I-9 for current employees who have properly completed the Form I-9, unless re-verification applies. The notice cautions employers against unnecessary verification, which could be unlawful under the Immigration and Nationality Act.
The public can download the new Form I-9 at the USCIS website.