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May 25, 2013

U.S. Employers Face New Form I-9 Requirements

USCIS announces newly revised Form I-9 with 60-day phase-in period.

On March 8, U.S. Citizenship and Immigration Services (USCIS) announced a newly revised Employment Eligibility Verification form, Form I-9, which employers are required to use to verify the identity and employment authorization of newly hired employees. Employers should start to use the new Form I-9 immediately. Use of prior versions of the Form I-9 will no longer be permitted beginning May 7, 2013, which is 60 days from the announcement's publication in the Federal Register. TheFederal Register announcement can be viewed here.

What Does This Mean for My Company?

Employers should begin to use the new version of the Form I-9, "(Rev. 03/08/13)N," immediately. However, USCIS recognizes that some employers, particularly those who rely on electronic Form I-9 platforms, may need additional time to make necessary updates to their business processes to allow for use of the new form. Accordingly, USCIS is providing employers with a period of 60 days to make necessary changes to their current Form I-9 protocols.

Software developers that provide third-party Form I-9 software will be expected to reconfigure their products during the 60-day transition period and will be required to use only the new version of the Form I-9 as of May 7. Employers who are unable to make an effective transition to an electronic version of the new form by using their existing electronic platforms will still be required to implement a compliant system for completing the new Form I-9 by May 7.

What Are the Changes to the Form I-9?

The key revisions to the Form I-9 include the following:

  • Adding data fields, including fields for an employee's foreign passport information (if applicable), telephone number, and email address
  • Improving the form's instructions
  • Revising the layout of the form and expanding the form from one page to two pages (not including the form instructions and the List of Acceptable Documents)

Where Can I Find the New Form?

An electronic version of the new Form I-9, "(Rev. 03/08/13)N," is available on the USCIS website.

Copyright © 2013 by Morgan, Lewis & Bockius LLP. All Rights Reserved.

About the Author

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Eric S. Bord is a partner in Morgan Lewis's Labor and Employment Practice. Mr. Bord's practice focuses on immigration matters involving the recruitment, hiring, transfer, and retention of international personnel worldwide. In addition, he has particular knowledge in the areas of immigration-related compliance, I-9 and E-Verify rules, immigration investigations, and immigration due diligence for corporate transactions.

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Lisa Stephanian Burton is a partner in Morgan Lewis's Labor and Employment Practice. Ms. Burton counsels clients on a variety of labor and employment issues, including compliance with state and federal labor and employment laws and regulations; Occupational Safety and Health Administration (OSHA) matters; employment practices and policies; structuring the workforce; labor and employment implications of mergers and acquisitions; and hiring, firing, and reductions in force (RIF). She represents clients before state and federal agencies as well as before state and federal...

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Tracy Evlogidis is a partner in Morgan Lewis's Labour and Employment Practice. Tracy regularly advises companies and individuals on a full range of UK immigration issues, from visiting the UK to securing a British passport. 

Tracy has a wide client base, including media and entertainment clients and corporate organisations in industries such as financial services, technology, retail, education, and legal services. She also works with a number of private banks in advising high-net-worth individuals.

Tracy also advises on exceptional or complex...

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Malcolm Goeschl is a partner in Morgan Lewis's Labor and Employment Practice. Mr. Goeschl concentrates his practice on business immigration law, with a particular focus on immigration-related challenges facing emerging businesses founded by, or seeking to employ, foreign talent. He has more than 14 years of immigration law experience involving a wide range of clients, including large multinationals and small start-ups.

Mr. Goeschl is a frequent speaker at leading professional and industry events and has recently been published in publications including Interpreter Releases, Bender's...

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Eleanor Pelta is a partner in Morgan Lewis's Labor and Employment Practice. With her practice focused on immigration and nationality law, Ms. Pelta assists corporate clients in various industries with the international transfer of key personnel. She is particularly knowledgeable about managing high-volume employee transfers, as her background includes assisting employers in gaining temporary and permanent visas for all types of business, scientific and executive personnel. Additionally, she advises clients on strategic issues involving movement of staff...

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A. James Vázquez-Azpiri is a partner in Morgan Lewis's Labor and Employment Practice. Mr. Vázquez-Azpiri focuses his practice on business immigration law, assisting corporate clients with hiring and retaining foreign employees with regard to labor certifications, specialty occupation petitions and intra-company transfers. Mr. Vázquez-Azpiri is also a leading expert on immigration law compliance in the context of mergers, acquisitions and corporate restructuring. Mr. Vázquez-Azpiri helps clients think and work proactively by providing them...

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