New I-9 Form to Go Into Effect on May 7, 2013

On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) published an announcement in the Federal Register advising employers that Employment Eligibility Verification Form I-9 has been revised. The key changes to the newly-revised form include new data fields requiring an employee’s foreign passport information (if applicable), and the employee’s telephone number and email address. The format has also been expanded from one to two pages, such that Section 1 (Employee Information and Attestation) takes up the entire first page of the form, and Sections 2 and 3 (Employer Authorization and Reverification) are found on the second page.

The new form, which is available on USCIS’s website, denotes a revision date of March 8, 2013 in the lower left hand corner of the form. Although the form is available for immediate use, USCIS will not require employers to use the form until May 7, 2013. After May 7, 2013, all prior versions of Form I-9 cannot be used. Employers should take steps now to ensure that they are using the newly-revised form after May 7, 2013 to avoid civil penalties.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.