by Annemarie Cleary
Starting May 7, 2013, the U.S. Citizenship and
Immigration Services will accept only the new version of the I-9 employment
eligibility verification form. You may recall that on March 7, 2013, the USCIS announced that
employers should begin using the new version of the I-9 form immediately, but
allowed sixty days for employers to update their processes. The new form
bears a revision date of "(Rev. 03/08/13)N" and is available for download on
the USCIS website.
The I-9 has three sections. Section 1 collects
information from the employee concerning his or her identity and work
authorization. Section 2 collects information from the employer,
including the identity and work authorization documents presented by the
employee. Section 3 addresses rehires and reverifications.
The primary changes to the I-9 are:
What has not changed, and has always been the rule, is
that employers must allow employees to choose which permissible documents to
present to establish identity and authorization to work. In reference to the
I-9 Form, Column A documents establish both identity and employment
authorization. Column B documents establish identity; and column C
documents establish employment authorization.
It is important that employers not complete
the new form for existing employees who already have an I-9 on file unless
reverification applies. Unnecessarily reverifying an employee's I-9 could
violate the anti-discrimination provisions of the Immigration and Nationality
There is a great deal of useful information
available for employers at the Department of Justice Office of Special Counsel
for Immigration-Related Unfair
Employment Practices website. The Special Counsel offers an
Employer Hotline at 1-800-255-8155, where employers can obtain further
instructions from an Equal Opportunity Specialist. The USCIS website also
offers employers access to free webinars
concerning I-9 forms and E-Verify. The USCIS website has a Spanish-language
version of the I-9 form. Although the Spanish-language version
of the form is available for use only in Puerto Rico, employers can use the
form to assist Spanish-speaking employees in completing the I-9 form.
If you need help with the new I-9 form, the employment lawyers
Anderson, P.C. are available to assist you.
Read more labor and
employment law articles at Virginia Workplace Law
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