Just want to update you – the U.S. Citizenship and Immigration Services (USCIS – formerly INS) published a revised Form I-9 for use in verifying employment eligibility on Friday. All employers are required to complete a Form I-9 for each employee. Here is the link for the free form:
http://www.uscis.gov/files/form/i-9.pdf
There is a Spanish version but it is only for use by employers in Puerto Rico.
The USCIS stated that the revisions include:
•A new field;
•Reformatting to reduce errors; and
•Clearer, user-friendly instructions for both employees and employers. The Department of Homeland Security published a Notice in the Federal Register informing employers of the new Form I-9.
According to the USCIS, effective, March 8, 2013:
•Employers should begin using the newly revised Form I-9 for all new hires and re-verifications.
•Employers may continue to use previously accepted revisions until May 7, 2013, but I recommend using the new form.
•After May 7, 2013, employers must only use the new I-9.
According to the USICS, employers should not complete a new Form I-9 for current employees if a properly completed Form I-9 is already on file.
The USCIS publishes a handbook that assists employers in completing the Form I-9. Here is the link for that free publication:
http://www.uscis.gov/files/form/m-274.pdf
One note about the guide: the USCIS is in the process of updating the Handbook to correspond to the new form. The revised handbook will be released next week. The USCIS states that employers and employees should follow the instructions on the new form until the Handbook is updated.
This Blog post is provided as an educational service by the Law and Mediation Offices of Jil Dalesandro for clients and friends of the firm. This post is an overview only, is not a solicitation, and should not be construed as legal advice or advice to take any specific action.
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.