EMPLOYERS MUST USE NEW VERSION OF FORM I-9 AFTER MAY 7, 2013 TO AVOID FINES AND PENALTIES


April 16, 2013

The U.S. Citizenship and Immigration Services (USCIS), a department of Homeland Security, requires all employers to verify the identity of their employees and their authorization to be in the country. In order to comply with this an employer must closely follow all requirements set forth in the I-9 Form. The USCIS has just released a new version of the I-9. However, while both versions of the form can now be used, after May 7, 2013, only the new version will be allowed. If employers do not verify this information or if they use an old version of the form, they may face penalties from the USCIS.

Changes to the form include revised instructions with new fields for employees' foreign passport information and e-mail address. In addition, acceptable forms of identification have changed drastically. For example, the Employment Authorization Document (Form I-766) has been added to the list of acceptable forms. Forms that were previously accepted that have been removed from the current list include:

- Certificate of U.S. Citizenship
- Certificate of Naturalization
- Alien Registration Receipt Card
- Unexpired Reentry Permit
- Unexpired Refugee Travel Document

It is important to note that current employees are not required to complete a new I-9 Form unless there is a requirement for re-authorization. Unnecessarily requiring re-verification may violate anti-discrimination provisions of the Immigration and Nationality Act. Additionally employers cannot specify which forms employees provide to satisfy the I-9 requirements nor can they refuse to hire an individual based upon a future expiration date of a provided form.

For a copy of the new form, please click this link.

If you would like to discuss this in greater detail, or discuss any other employment matter affecting your company, please feel free to contact Doug Leavitt at Danziger Shapiro & Leavitt, P.C.

Please be advised that the information herein is provided for informational purposes only and does not form an attorney client relationship.