The U.S. Citizenship and Immigration Services (USCIS) has recently revised its Employment Eligibility Verification form, Form I-9. Employers are required to use this form to verify the identity of each new employee hired and to verify that they are authorized to work in the United States. However, employers are not required to complete the revised version of Form I-9 for current employees that already have a properly completed form on file, unless re-verification is required. Re-verification is required when a current employee’s employment authorization or employment authorization documentation expires.
The revised Form I-9 has improved its instructions and revamped its layout by expanding to two pages. The expansion does not include the instructions or list of acceptable documents. In addition, the form added fields for the employee’s foreign passport information (if applicable), telephone number and email address.
The form must be maintained for as long as an individual is working for the employer and for the required retention period after the termination of an individual’s employment (either three years after the individual is hired or one year after the date that employment ended, whichever is longer). Additionally, the employer must make the forms available for inspection upon request by officers of the U.S. Immigration and Customs Enforcement (ICE), the Department of Justice (DOJ) Office of Special Counsel for Immigration-Related Unfair Employment Practices, and the Department of Labor. The employer may face civil money penalties and criminal penalties if the employer does not ensure that the form is properly completed or retained.
Beginning immediately, employers may use Form I-9 with a revision date of (Rev. 03/08/13)N. Prior versions of the form may not be used after May 7, 2013. Any employer who does not use Form I-9 (Rev. 03/08/13)N after May 7, 2013, may be subjected to penalties.
For more information on the revisions and copies of the form please visit http://www.uscis.gov.
If you have any questions regarding this information, please feel free to contact OSBA’s division of legal services at (614) 540-4000.