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USCIS Releases Revised Form I-9 for Employee Eligibility Verification Effective March 8, 2013

March 14, 2013

On March 8, 2013, the U.S. Citizenship Immigration Services, Department of Homeland Security released a revised version of Form I-9, a form that all employers are required to utilize to verify an employee’s identity and employment authorization. The new form, which fully goes into effect on May 7, 2013, makes a number of changes to the current Form I-9, including a revised layout, expanded form and revised detailed instructions for employers for proper completion.

The Revised Form I-9 is now two pages long to accommodate new data fields. The USCIS has also published The Handbook for Employers: Guidance for Completing Form I-9, which provides step-by-step instructions for employers to complete the Revised Form I-9. The Handbook answers many questions frequently asked by employers regarding the verification process, acceptable documents and completing and retaining the Form I-9. The Handbook provides sample images of commonly submitted identification documents, presumably to assist employers to accept only authentic, validly issued documents, and to prevent employers from unknowingly accepting fraudulent documents submitted by individuals who are not authorized to work in the United States.

The Revised Form I-9 went immediately into effect as of the date of its release, and should be used for all new hires and re-verifications after March 8, 2013. Employers may continue to use the current Form I-9 for 60 days from the release date as it modifies its procedures to accommodate the new form. However, employers may only use the Revised Form I-9 after May 7, 2013.

The Revised Form I-9 may be obtained from the USCIS website at http://www.uscis.gov/files/form/i-9.pdf, as well as The Handbook for Employers: Guidance for Completing Form I-9, which is also available from the USCIS website at http://www.uscis.gov/files/form/m-274.pdf.

For more information, please contact:
Catherine P. Wells, Member of the Firm
(973) 530-2051 | cwells@wolffsamson.com  
Margaret O’Rourke Wood, Member of the Firm
(973) 530-2063 | mwood@wolffsamson.com  
Denise J. Pipersburgh, Associate
(973) 530-2090 | dpipersburgh@wolffsamson.com