New Form I-9 To Go Into Effect On May 7, 2013
The U.S. Citizenship and Immigration Services (USCIS) recently released an updated Employment Eligibility Verification Form I-9. Beginning May 7, 2013, the new Form I-9 must be used for all new hires, including reverification or rehires. The new Form I-9 denotes a revision date of March 8, 2013 in the lower left hand corner of the form and is available on the USCIS’s website. Employers are not required to complete the new Form I-9 for current employees if they have maintained properly-completed unexpired forms on file for those employees.
While the new Form I-9 does not change an employer’s obligation to verify employee identity and employment authorization, it does alter the list of acceptable documentation and adds several data fields.
The list of acceptable documents which may be used by employees to confirm their identity and employment authorization under “List A” is the most significant change to the new Form I-9. The documents which are no longer acceptable under “List A” include:
- Alien Registration Receipt Card with photograph – Form I-151
- Unexpired Reentry Permit – Form I-327
- Unexpired Refugee Travel Document – Form I-571
- Unexpired Temporary Resident Card – Form I-688
- Unexpired Employment Authorization Card – Form I-688A
- Unexpired Employment Authorization Card with photograph – Form I-688B
- Certificate of Naturalization – Form N-550/570
- Certificate of U.S. Citizenship – Form N-560/561
Other documents, which have been added as acceptable documents under “List A” include:
- Foreign passport with Arrival/Departure Record with endorsement – Form I-94-94A
- Employment Authorization Document with photograph – Form I-766
- Passport from the Federates States of Micronesia with Form I-94/94A
As of May 7, 2013, only the list of acceptable “List A” documents appearing at the end of the new Form I-9 may be used. The “List B” and “List C” documents have not changed with the new Form I-9.
New Data Fields
The new Form I-9 also includes new data fields which require an employee’s foreign passport information (if applicable), and the employee’s telephone number and email address. The new Form I-9 also provides extended instructions that the employee is required to complete the form no sooner than the date of acceptance of the job offer and no later than the date of commencement of work, a requirement which has created some confusion for employers and employees alike in the past.
The USCIS has also recently released a revised “Handbook for Employers,” which serves as a useful resource for employers on the completion and retention of the new Form I-9.
Failure to comply with these new I-9 requirements may result in significant penalties, including civil fines ranging from $110 to $1,100 per Form I-9, or criminal charges.
For answers to questions regarding the new Form I-9 requirements, please feel free to contact an attorney in the Gibbons Employment & Labor Law Department.