New, Revised I-9 Form for Employment Eligibility Released by USCIS

On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) released the “new revised Employment Eligibility Verification form, Form I-9.”  78 FR 15030 (Mar. 8, 2013).  The Form I-9 is completed by an employer when verifying the identity and employment eligibility of all new hires. 

Changes to the Form I-9 include:

  • Adding data fields, including the employee’s foreign passport information (if applicable) and telephone and email addresses (optional).
  • Improving the form’s instructions.
  • Revising the form layout and expanding the form from one to two pages.

According to USCIS, employers should begin using the new Form I-9 with the revision date of “(Rev. 03/08/13)N” immediately.  After March 7, 2013, all prior versions of the Form I-9 can no longer be used.  Employers who fail to use the new Form I-9 may be subject to penalties.  The new Form I-9 is available at www.uscis.gov.

Unions and worker advocates should note 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.  Also, it is unlawful for the employer to ask an employee for a specific work authorization document, or to ask for more or different documents.  Furthermore, unnecessary verification may violate the anti-discrimination provisions of the federal immigration law. 

By Monica Guizar

Legal Developments