The U.S. Citizenship and Immigration Service (USCIS) issued an advisory on March 8, 2013, announcing that beginning May 7, 2013, all prior versions of Form I-9 can no longer be used for either new hires or the re-verification of existing employees. Employers do not need to complete a new Form I-9 for current employees.
The updated Form I-9 contains formatting changes and includes a section with a mandatory listing of employee's passport information in certain circumstances, as well as sections for listing the employee's email address and telephone number. The new form makes it clear on its face and in the extended instructions that the employee is required to complete the form no sooner than the date of acceptance of the job offer and no later than the date of commencement of work, sometimes an area of confusion in the past. Also, the list of acceptable documents has been updated to clarify which types of Social Security cards are acceptable. The updated Form I-9 can be obtained at the USCIS website at: www.uscis.gov/I-9Central. Failure to comply with these new I-9 requirements can result in civil fines and penalties ranging from $110 to $1,100 per Form I-9, or criminal charges in the most egregious cases.
If you have any questions concerning the new Form I-9 requirements, please contact the member of our GrayRobinson Employment and Labor law team with whom you work.