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New I-9 Form Required by May 8, 2013

Effective May 8, 2013, employers are required to use an updated version of the I-9 form when verifying employee work authorization. The new I-9s will not be required for previously verified employees, only new hires and employees requiring reverification. Failure to use the updated I-9 form following the implementation date may result in fines ranging from $110 to $1,100 for each incorrect form.

As many employers are aware, I-9 forms must be completed to document the identity and employment authorization of all new hires. Section 1 of the I-9 must be completed by the employee on the first day of employment, and Section 2 completed by the employer within three business days thereof. Section 3 (Reverification and Rehires) need only be completed by the employer when reverifying that an employee is authorized to work or when an employee is rehired within 3 years of the date the I-9 was originally completed.

Revisions to the new I-9 form are threefold: (1) new format, (2) clearer instructions, and (3) additional data fields.

  1. Format: The updated I-9 has a new two-page format, which should be easier for employers to use. The first page of the form relates to employee information and certification, while the second page consists of the employer verification and reverification.

  2. Instructions: Additionally, the updated I-9's instructions provide a more detailed explanation of the information required of employees and employers to properly complete the form.

  3. Data Fields: Finally, the new I-9 asks for several new pieces of information from employees, including email address, telephone number, and foreign passport information. U.S. Citizenship and Immigration Services' request for additional employee contact information suggests that the agency may be more inclined to directly contact employees for information moving forward. Employees are not required to provide such information, however. The employee email address and telephone number fields are optional.

The updated I-9 form is available for download here.

© 2018 Schiff Hardin LLP


About this Author

Schiff Hardin represents management in labor matters and employment-related litigation, and provides counsel to employers with respect to all legal aspects of employer-employee relations. Our firm's labor law practice encompasses both the private sector and the public sector for large and small employers in a broad range of markets and industries. Our Labor and Employment Group works cooperatively with attorneys in our Employee Benefits and Executive Compensation Group to provide our clients with comprehensive assistance in every aspect of the employer-employee relationship.