Time to Start Using New Form I-9

By Roy Maurer Mar 7, 2013

Editor's note: You may have to clear your browser cache to be able to access the form.

The link to the new form is here.

U.S. Citizenship and Immigration Services (USCIS) announced March 7, 2013, that the official revised Employment Eligibility Verification Form I-9 will be made available in the March 8, 2013, Federal Register.

Employers should begin using this new form immediately. The new Form I-9 will contain a revision date of 03/08/13. The revision date is located on the bottom left-hand corner of the form.

Final Changes to the Form I-9

The revised Form I-9 makes several improvements designed to minimize errors in form completion, the agency said. The key revisions to Form I-9 include:

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

60-Day Grace Period

Prior Form I-9 versions (08/07/09) and (02/02/2009) will no longer be accepted after May 7, 2013.

“Employers must use the new Form I-9 immediately; however, USCIS recognizes that some employers may need additional time in order to make necessary updates to their business processes to allow for use of the new Form I-9,” the agency said.

USCIS recognized that modifications to electronic systems may be particularly necessary for employers using electronic Forms I-9.

For these reasons, the agency is providing employers 60 days to make necessary changes.

Employers may access the new Form I-9 online by visiting the USCIS website.

To order USCIS forms, employers can call a toll-free number (1-800-870-3676) or visit USCIS’s I-9 Central web page at www.uscis.gov/I-9Central.

A Spanish-language version of the new Form I-9 is available for use in Puerto Rico only.

The M-274 Handbook for Employers is in the process of being updated as well by USCIS in order to correspond to the new Form I-9. Employers are advised by USCIS to follow instructions on the new Form I-9 until the revised M-274 Handbook for Employers has been updated.

Employers are required to maintain Forms I-9 for as long as an individual works for the employer and for the required retention period for the termination of an individual’s employment, which is either three years after the date of hire or one year after the date employment ended, whichever is later.

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.

USCIS noted 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 reverification applies.

What Should HR Do Now?

The 60-day grace period will go by quickly so employers should act quickly to ensure timely compliance, said Ann Cun, immigration attorney and counsel for LawLogix Group, a provider of electronic I-9 compliance and immigration case management software.

According to Cun, some of the preparations HR professionals should be making include:

  • Familiarizing your team with the actual form and ensuring your organization understands the requirements for each section as they relate to regulations.
  • Ensuring your team has a dedicated individual or individuals to spearhead the transition to the new form.
  • Identifying areas where business processes may need revising.
  • Partnering with your electronic I-9 software developers to ensure a smooth implementation of the new form within the 60-day timeline.

LawLogix Group VP & General Counsel John Fay added that “it’s absolutely crucial for HR to develop new policies and guidelines around the new form in order to ensure a smooth transition and decrease the potential for confusion or inconsistent practices.” For example, he told SHRM Online, “we received a ton of questions concerning the telephone number and e-mail address fields, and so I can only imagine how this may impact organizations who hire on a frequent basis. It may seem trivial, but with I-9 compliance, every little change matters.”

A carefully constructed policy with input from counsel can save HR a lot of headaches down the road as the May 7 deadline approaches, Fay said.

Roy Maurer is an online editor/manager for SHRM.

Follow him at @SHRMRoy.

Related Articles:

New I-9 May Be in Place for 2013, SHRM Online Legal Issues, September 2012

Form I-9 to Expire Aug. 31, 2012, SHRM Online Global HR, August 2012

SHRM: Proposed Form I-9 Should Be Simplified, SHRM Online Legal Issues, June 2012

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