On March 7, 2013, the U.S. Citizenship and Immigration Services (USCIS) issued a new and revised Employment Eligibility Verification Form I-9. The new Form replaces all other forms. Beginning May 7, 2013, employers must use the new version of the Form (only) for all new hires and for re-verifying current employees with expiring employment authorization documentation. [Employers should not complete new Forms for existing employees who do not require re-verification.] A best practice would be for employers to begin using the new edition of the form immediately, although the previous editions of the Form (with an OMB control number expiration date of August 31, 2012) is valid until May 6, 2013. After this date, only the new Form (“Rev. 03/07/13” is acceptable.
All U.S. employers are required to complete a Form I-9 for every employee hired in order to verify that the individual is authorized for employment in the United States under the Immigration Reform and Control Act of 1986 (IRCA).
The new Form I-9 is now nine pages long, including the form, instructions, and the List of Acceptable Documents. The form itself has been reformatted and expanded from one page to two and includes additional data fields. The instructions have been revised and are indented to be clearer to both employees and employers.
As a best practice, employers are reminded that they should begin using the new edition of the form as soon as possible for all new hires and for reverifications of current employees. (Do not execute new Forms for existing employees who do not require re-verification.)
The new Form I-9 and List of Acceptable Documents is available on USCIS’ website in English and in Spanish. (Note, however, that the Spanish version of the Form may only be executed by employer’s in Puerto Rico; Employers in the 50 states, Washington, D.C., and other U.S. territories may use the Spanish version of the Form as a translation guide, only, but must complete the English version of the Form.)
USCIS has also updated its Handbook for Employers, Instructions for Completing Form I-9 (Employment Eligibility Verification Form) (Form M-274), it’s companion instruction booklet for the I-9 process.