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Big Changes for Employers: Mandatory New I-9 Form

Big Changes for Employers: Mandatory New I-9 Form


The Inside Perspective
(May 1, 2013)

The US Citizenship & Immigration Services (USCIS) has issued a new version of the I-9 Employment Eligibility Verification Form dated "03/08/13". US employers are strongly encouraged to start using the new form immediately. All employers will be required to use the new I-9 by May 7, 2013 for new hires. Old versions will be unacceptable after that date. There is also a new Handbook for Employers (M-274). The new I-9 form should be used on a going-forward basis and does not need to be completed for existing employees.

The I-9 Form, created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1986, requires all employers to verify the identity and work authorization status of all new employees on or before their first day of work (this includes US Citizens). The Forms must be maintained for all current employees and for a specified period after termination of employment.

The new I-9 has changed significantly from previous versions, although it requires similar information. The new form is two pages: Page 1 is Section 1 (completed by employee) and page 2 is Sections 2 & 3 (completed by employer). It has several additional pages of instructions intended to clarify common areas of confusion.

Section 1:

  • Adds OPTIONAL boxes for employee to list email address and telephone number.
  • Changes "Maiden Name" to "Other Names Used (if any)".
  • Clarifies that "A Number" is "Alien Registration Number/USCIS Number".
  • Adds a field for employee to list I-94 admission number & foreign passport number/country as an ALTERNATIVE to the A Number (if employee is authorized to work but is not a Lawful Permanent Resident (green card holder) or US Citizen).
  • Provides a new signature box for the employee.

Section 2:

  • Is reformatted, but the required information is the same.
  • Clarifies that employers should accept one List A document or one List B document AND one List C document.
  • Does NOT add or delete any acceptable documents for Lists A, B, or C.
  • Clarifies that "restricted" Social Security cards may not be accepted.
  • Changes employer attestation.

Section 3:

  • Title changes from "Updating and Reverification" to "Reverification and Rehires."

TIP:  The new I-9 form and Employer handbook are available online at www.uscis.gov or by calling USCIS at 800-375-5283.

Authors
Laura Deddish Burton
T (336) 378-5566
F (336) 378-5400
Associated Attorneys
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