USCIS Publishes New Form I-9 for Employment Eligibility Verification

On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published a new Form I-9, Employment Eligibility Verification (Rev. 03/08/13)N that employers should begin using immediately for all new hires and re-verifications. However, since the USCIS recognizes employers may need additional time to allow for use of the new form, employers may continue to use previously accepted revisions (Rev.02/02/09)N and (Rev. 08/07/09)Y for a 60-day period until May 7, 2013. After that date, all U.S. employers must use the revised Form I-9. The new Form I-9 (Rev. 03/08/13)N is available at http://www.uscis.gov/files/form/i-9.pdf.

All employers are required to complete a Form I-9 for each employee hired in the United States to comply with their employment eligibility verification responsibilities. After May 7, 2013, all U.S. employers must use the revised Form I-9 (Rev. 03/08/13)N for each new employee hired if they have not already been using the new form. The revision date of the Form I-9 is printed on the lower left corner of the form. Employers should not complete a new version of the Form I-9 for current employees if a properly completed Form I-9 is already on file. The Department of Homeland Security (DHS) published a Notice in the Federal Register informing employers of the new Form I-9 that is available at http://www.gpo.gov/fdsys/pkg/FR-2013-03-08/pdf/2013-05327.pdf.

The newly revised Form I-9 (Rev. 03/08/13)N has several new features and improvements designed to minimize errors in form completion. The key revisions to Form I–9 include:

  • Adding data fields, including the employee’s foreign passport information (if applicable) and telephone and email addresses.
  • Improving the form’s instructions to more clearly describe the information employees and employers must provide in each section.
  • Revising the layout of the form, expanding the form from one to two pages (not including the form instructions and the List of Acceptable Documents).

A Spanish version of Form I-9 (Rev. 03/08/13)N is available on the USCIS website for use in Puerto Rico only. Spanish-speaking employers and employees in the 50 states, Washington, D.C., and other U.S. territories may use the Spanish version for reference, but must complete the English version of the form. For additional information, including a link to the new Form I-9, visit the I-9 Central Home on the USCIS website at http://www.uscis.gov/I-9Central.

The Immigration Reform and Control Act (IRCA) of 1986 made it unlawful for an employer “to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien.” Federal law requires every employer hiring an individual for employment in the U.S. to verify his or her identity and employment authorization through completion of a Form I-9. In an attempt to improve the employment eligibility verification process, the U.S. Congress created a pilot program in 1996 that went national in 2003 and was expanded and renamed E-Verify in 2007.

A Designated E-Verify Employer Agent such as Employment Screening Resources (ESR) may help employers comply with E-Verify/Form I-9 regulations. For more information, visit http://www.esrcheck.com/formi9.php. Employment Screening Resources (ESR) – ‘The Background Check Authority’ – is a nationwide background screening provider accredited by The National Association of Professional Background Screeners (NAPBS®). For more information about ESR, visit http://www.esrcheck.com/, call Toll Free 888.999.4474, or email clientsupport@esrcheck.com.

Related: ESR ALERT – USCIS Publishes New Employment Eligibility Verification Form I-9

Sources:

http://www.uscis.gov/files/form/i-9.pdf

http://www.gpo.gov/fdsys/pkg/FR-2013-03-08/pdf/2013-05327.pdf

About Employment Screening Resources (ESR):

Founded by safe hiring expert Attorney Les Rosen in 1997, Employment Screening Resources (ESR) – ‘The Background Check AuthoritySM’– provides accurate and actionable information that empowers employers to make informed hiring decisions for the benefit of their organizations, employees, and the public. CEO Rosen literally wrote the book on background checks with “The Safe Hiring Manual” and ESR is accredited by The National Association of Professional Background Screeners (NAPBS), a distinction held by a small percent of screening firms. Employers choosing ESR know they have selected an agency meeting the highest industry standards. To learn more about ESR, visit http://www.esrcheck.com or call toll free 888.999.4474.

About ESR News:

The Employment Screening Resources (ESR) News blog – ESR News – provides employment screening information for employers, recruiters, and jobseekers on a variety of topics including credit reports, criminal records, data privacy, discrimination, E-Verify, jobs reports, legal updates, negligent hiring, workplace violence, and use of search engines and social network sites for background checks. For more information about ESR News or to send comments or questions, please email ESR News Editor Thomas Ahearn at tahearn@esrcheck.com. To subscribe to the ESR News Blog Feed, visit http://www.esrcheck.com/wordpress/feed/. To subscribe to the complimentary ESRcheck Report monthly newsletter, please visit http://www.esrcheck.com/Newsletter/.