Beginning May 7, 2013, employers are required to use the new Employment Eligibility Verification Form I-9 (revision 03/08/13) for new hires. All previous versions of the Form I-9 will no longer be valid and must not be used after May 6, 2013.
A Few Tips for Employers
• You will find the revision date of the new I-9 in the lower left corner (03/08/13)
• All current employees must have a Form I-9 on file
• All new employees must be given the entire new Form I-9, including the instructions and "List of Acceptable Documents"
• You should only accept documents that are unexpired when completing an employee’s Form I-9
• Be sure to keep both pages together. You should consider printing two-sided copies
• E-Verify users – List B documents must contain a photo, and the Social Security number field must be filled in
Few Notes From USCIS-AILA Verification Meeting
• It is permissible for an employer to use the old form for an employee who starts work on May 6 (before the mandatory effective date), even where Section 2 may not be completed until May 9 (after the mandatory effective date).
• While it is required that employees must be provided a copy of the instructions that they can refer to while completing the Form I-9, employers do not need to provide a copy of the instructions for employees to keep. For this purpose, employers may laminate and reuse the instructions.
• In most cases, employers can leave certain fields blank if they do not apply, but it is recommended to use "N/A." However, if the passport number and country of issuance fields in Section 1 do not apply, the employee must write "N/A."
• Even if the original Form I-9 is still valid, employers may choose to complete Section 3 of a new form, rather than reverify on Section 3 of the original Form I-9, provided the employer attaches the new form to the original. USCIS will amend the M-274.
• "For example, presentation to the employer of a new Social Security Card reflecting a new Social Security number and new name raises a material question as to the identity of the employee, the veracity of information on Form I-9, the genuineness of any documents presented in Section 2 that contain a Social Security number, and the relation of these documents to the person who presented them. The employer can no longer reasonably rely on the Form I-9 to be assured that the individual is authorized to work. USCIS suggests completion of a new Form I-9 in this instance to ensure the employee is eligible to continue in employment. This is a suggestion and not a requirement." Furthermore, "If the employer learns of a change, even if outside the Form I-9 context, that raises a material question as to the identity of the employee, the veracity of information on Form I-9, the genuineness of any documents presented in Section 2, and the relation of these documents to the person who presented them, then the employer can no longer reasonably rely on the Form I-9 to be assured that the individual is authorized to work and should complete a new Form I-9."
• DHS or DOJ/INS are currently acceptable issuing authorities for the Form I-20.
• Telephone number and email address are not required fields.
• Three-Day Business Rule: If the employer or business is operational over the weekend, this counts towards the 3-day time frame for completing Form I-9 even if the HR office is only open on regular business hours from Monday to Friday.
Upcoming USCIS Teleconference
U.S. Citizenship and Immigration Services (USCIS) invites interested individuals to participate in a stakeholder teleconference on Tuesday, May 7, 2013 at 2:30 p.m. (Eastern). For more details: http://goo.gl/FHNFO
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