Employee Eligible for U.S. Hire

On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) released a new version of the Employment Eligibility Verification Form I-9 that all employers must submit for all new hires.

Changes to the Form I-9 include instructions for both employers and employees to help clarify the form, as well as several additional fields.

USCIS encourages employers to begin using the new form immediately, although they can continue to use the previously revised editions (Rev. 02/02/09) N and (Rev. 08/07/09) Y until May 7, 2013.

However, beginning May 7, 2013, all employers must use the new Form I-9 format, (Rev. 03/08/13) N, for new hires. Employers do not need to fill out a new Form I-9 for current employees if an older version was previously submitted. To be certain that you are using the correct version of the Form I-9, check for the “03/08/13” revision date in the lower left corner of the form.

The revised Form I-9s are available on the USCIS website, uscis.gov. Employers can also call a USCIS representative with questions about the new form at 888-464-4218. “USCIS Revises Emp

loyment Eligibility Verification Form I-9,” www.uscis.gov (Mar. 8, 2013).

Compliance Recommendations for the New Form I-9

All employers must make sure they use the most current I-9 Form for new employees.

Employers must submit a Form I-9 for each new employee. It is illegal for employers to knowingly hire workers who are not eligible to work in the United States. Every new employee must complete a Form I-9 and provide employers with documentation establishing eligibility to work in the United States.

U.S. Citizenship and Immigration ServicesIn addition to having each new hire complete an I-9 Form, employers can use the E-Verify system to be sure that their workers are authorized to work in the U.S. E-Verify is an online federal screening tool that matches employee information to Social Security Administration (SSA) records. According to the Department of Homeland Security, E-Verify is the best way for employers to verify the employment eligibility of new hires. Employers can learn more about E-Verify on the U.S. Department of Homeland Security’s Citizenship and Immigration Services website.

Here are some important tips for employers about the new Form I-9:

  • After May 7, 2013, the USCIS will only accept the new 03/08/13 Form I-9 version. Employers are encouraged to start using the new form before that date.
  • The new version must be used for all new hires, rehires, and reverification of employees. Current employees with a valid Form I-9 on file do not require a new Form I-9.
  • The form is now two pages long and includes additional instructions, as well as several new fields in Section 1.
  • Make sure the Form I-9 you are using has the “03/08/13” revision date in the lower left corner.
  • Employers can access the new Form I-9 and information about it on the USCIS website.
  • Through E-Verify, employers can submit comments on the updated Memorandum of Understanding (MOU) in the new Form I-9.

PDF version of new Form I-9 at U.S. Citizenship & Immigration