The Employer's Legal Resource: Introducing the New Form I-9: Must be in Use by May 8, 2013

04.01.13

On March 8, 2013, the United States Citizenship and Immigration Services (USCIS) released a new Form I-9. The new Form can be used immediately, but the versions dated February 2, 2009 and August 7, 2009 may still be used through May 7, 2013.

Beginning May 8, employers must use the new form.

The primary differences are these:

  • The new Form is two pages, not one.
  • There are new instructions that should be read carefully, such as:
    • P.O. Boxes are invalid addresses for Section 1. 
    • SSN's are optional for employers who do not use E-Verify. 
    • There are three acceptable receipts, guidance for how to enter information from a receipt and how to update the Form when the underlying document is presented.
    • Procedures for documenting information from minors and disabled persons.
    • New optional fields for employee's e-mail and telephone number in Section 1.
    • Greater clarity in the Form regarding who completes each section and what additional information may be required.
    • Section 2 now starts on a separate page and requires the employer to print the employee's name.
    • There are spaces for three List A documents, allowing for a combination of documents to be presented (i.e., students and exchange visitors).
    • Section 3 clarifies that re-verification due to expired employment authorization requires the employee to present a List A or C document.
    • The list of acceptable documents clarifies what documentation is acceptable for non-immigrant aliens who are authorized to work for a specific employer (i.e., H1B, L1 visas) and notes that Social Security cards cannot contain restrictions such as "Not valid for employment," "Valid for work only with INS authorization," or "Valid for work only with DHS authorization."
    • A 3-D Barcode section appears in Section 1, but there has been no guidance on its purpose.

USCIS also updated The Handbook for Employers. Those responsible for I-9 compliance should study the new Handbook, the new Form and its instructions, and train those who will be assisting with the completion of the new Form.

This also presents a great opportunity to self-audit your I-9s and I-9 processes. Should you have any questions in that regard, please contact one of our employment and labor law attorneys.

By Christopher S. Thrutchley, cthrutchley@dsda.com

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Rebecca D. Bullard

Rebecca D. Bullard

Rebecca represents clients primarily in labor and employment litigation and counsels clients regarding everyday employment matters. 

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