03/08/2013 05:09:37 PM EST
Time to Dust Off Your New Hire Packet: New Forms I-9 are Here
On March 8, 2013, the U.S. Citizenship and Immigration
Services ("USCIS") released a new Form I-9, which is used to verify
employment eligibility. The new Form I-9 "(Rev. 03/08/13) N" is
for immediate use.
It has been over three and a half years since USCIS revised the Form I-9, and
the 2013 version of the form has several key changes:
new form now includes data fields for the employee's email address, phone
number and foreign passport information, if applicable. The new
instructions clearly state it is optional for employees to provide their
email address and phone number, but the form itself does not indicate this
information is optional. Employers should encourage, but not require,
employees to provide their contact information to allow USCIS to contact
the employee directly in the event of discrepancies.
clarified the instructions to complete the form and revised the layout of
the form to reduce errors, increasing the form from a single page to two
new form specifically allows either an "Authorized Agent" or the
employer to complete the employer's section of the form. This change
clarifies the role outside vendors may play in processing Forms I-9.
Even though employers should begin using the newly
revised Form I-9 immediately for all new hires and reverifications, employers
may continue to use the previously accepted revisions until May 7, 2013, while
they update their processes or electronic I-9 forms. After May 7, 2013,
employers are required to use the new revised Form I-9. Employers should not
complete a new Form I-9 for current employees if a properly completed Form I-9
is already on file.
As a reminder, employers must maintain Forms I-9 for three years after the date
of hire or one year after the date employment ended, whichever is later. We
recommend maintaining all Forms I-9 in one place, and not in each employee's
individual personnel file, to facilitate compliance in the event of an
inspection or audit.
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by Barran Liebman attorneys
are written by Barran
Liebman attorneys for their clients and friends. Alerts are not
intended as legal advice, but as employment law, labor law, and employee
benefits announcements. Copyright © 2013 by Barran Liebman LLP.
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