Overview

USCIS has announced a new I-9 Employment Eligibility Form, found here. This form is required for all employers when hiring in the United States, and this new form can be used immediately; employers who fail to use this new Form may be subject to penalties as enforced by Immigration and Customs Enforcement. The previous version of the form can be used until May 7, 2013.

The new I-9 Form’s revisions are more technical in nature, more to reduce errors and provide clearer instructions for both employees and employers. The M-274 Handbook for Employers, the guide for completing I-9 Forms, is in the process of being updated. In the meantime, employers should follow the instructions provided along with the new I-9 Form.

Employers using an electronic I-9 system should take the 60-day grace period to ensure their systems are compliant with the new I-9 Form.

The timeframes for completing and retaining the new I-9 Form are the same as the old Form. This means:

1. Section 1 of the Form I-9 must be completed and signed by the employee after he or she has accepted the job offer on the first day of work for pay or before the first day of work for pay.
2. Section 2 of the I-9 Form must be completed and signed by the employer within three (3) business days of the employee’s first day of work for pay.
3. Section 3 of the I-9 Form, if required, must be completed by an employer if the employee’s employment authorization has expired. Re-verification must occur on or before the employee’s work authorization expiration date. An employer can choose to complete Section 3 when 1) an employee changes his or her name; or 2) an employee is rehired within three years of the date that Form I-9 was originally completed.
4. Just as with the old Form, employers must retain the new Forms for three years from date of hire or one year from date of termination – whichever is longer.

If you need assistance with the new form or with updating your electronic I-9 compliance systems, contact our office with all of your questions!