The U.S. Citizenship and Immigration Services (USCIS) released the new revised Form I-9 (Employment Eligibility Verification) on March 8, 2013.

As background, employers are required to use the Form I-9 to verify the identity and employment authorization eligibility of each individual they hire.  Employers are required to maintain Forms I-9 for as long as an individual works for the employer and for the required retention period (either 3 years after the date of hire or 1 year after the date employment ended, whichever is later).  Employers are also required to make their employees’ Forms I-9 available for inspection upon request by officers of U.S. Immigration and Customs Enforcement (ICE), the Department of Justice (DOJ) Office of Special Counsel for Immigration-Related Unfair Employment Practices, and the Department of Labor (DOL).  Failure of an employer to ensure proper completion and retention of Forms I-9 may subject the employer to civil monetary penalties, and, in some cases, criminal penalties.

The newly revised Form I-9 (Rev. 03/08/13)N makes several key changes:

– Adding data fields, including the employee’s foreign passport information (if applicable) and telephone and email addresses;
– Improving the form’s instructions; and
– Revising the layout of the form, expanding the form from one to two pages (not including the form instructions and the List of Acceptable Documents).

Employers should begin using the new Form I-9 immediately.  However, because some employers may need additional time to make necessary updates to their business processes to allow for use of the new form, USCIS is providing employers with 60 days to make the transition.  After May 7, 2013, all prior versions of Form I-9 may no longer be used.

It is important to note that employers do not need to complete the new Form I-9 for current employees for whom there is already a properly completed Form I-9 on file, unless re-verification applies.

The new Form I-9 may be found on the USCIS website at http://www.uscis.gov/files/form/i-9.pdf.  A Spanish-language version of the new Form I-9 is available at http://www.uscis.gov/files/form/i-9_spanish.pdf for use in Puerto Rico only.