REMINDER: Starting May 7, 2013, New, Revised I-9 Form for Employment Eligibility Goes Into Effect
The below article was also previously published in our Labor Law updates in March 2013:
http://www.unioncounsel.net/developments/immigration/news/new_revised_1_9_form.html
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.
Contact your labor law counsel with any questions.
Author: Monica Guizar
