IMMIGRATION CLIENT ALERT: New Form I-9

    View Authors 20 March 2013

    On March 8, 2013, U.S. Citizenship and Immigration Services (“USCIS”) issued an updated Employment Eligibility Verification Form I-9.  As you are aware, U.S. law requires that employers verify the identity and employment authorization of all new hires by completing Form I-9 and examining relevant personal documents. The new Form I-9 is only required for individuals hired on or after March 8, 2013.  The following is a summary of changes in the new Form I-9.

    • Effective Date: The prior version of the I-9 may still be used through May 7, 2013, but we recommend that you immediately begin implementing the new I-9, as possible.
    • Blank Spaces:  Make sure to enter “N/A” in all blank spaces.
    • Two-Sided Printing:  Since the new Form I-9 is two-pages long, USCIS recommends that employers utilize two-sided printing to ensure that both pages remain together.
    • 3D Barcode Boxes:  On several parts of the Form I-9 are blank boxes for future versions that will include 3D barcodes.  Upcoming versions of the I-9 will include more technology, such as drop down fields and will be automatically processed to create a unique barcode for each applicant.  Ignore the boxes in this version and do not write in them.
    • Section 1 New Passport Field:  A new passport field appears in Section 1 for individuals marking “alien authorized to work.”  Any alien who provides a Form I-94 Admission Number under this section should also now include the indicated passport information.
    • Section 2 New Name Field:  Since the Form I-9 is now two-pages, USCIS has added a field on Page 2 where the employer should enter the employee’s name exactly as it appears in Section 1.  This will assist employers in keeping the pages together if they do not use two-sided printing.  Always complete this new field, even when using two-sided printing.
    • More Spaces in Section 2, List A: Additional fields are for secondary and tertiary documents.  The most common use will be employees presenting foreign passports and I-94s where the first area would be for the passport and the second for the I-94.
    • Redesigned Certification Area in Section 2:  The redesigned Certification section now separates all of the employer’s attestations and removes the date of employment.
    • Social Security Card Clarification: Page 9 now clarifies acceptable Social Security Cards.
    • Section 3 Reverification:  Clarifies the need to only reverify expiring List A and List C documents (Note: Documents of US Citizens or green card holders need not be reverified).
    Patton Boggs LLP provides I-9 training for Human Resources professionals and is available to answer all of your employment verification questions.  Contact Shaoul Aslan (202-457-6095, saslan@pattonboggs.com,) or Sam Mudrick (202-457-5218, smudrick@pattonboggs.com).