KD ALERT: Employers Must Use Revised Form I-9 to Verify Employment Eligibility by May 7, 2013

By Philip R. Voluck and Anna M. Darpino
(March 17, 2013)

Employment Eligibility Verification Form I-9 (“Form I-9”) must be completed by all job applicants – both citizens and non-citizens – to verify the applicant’s identity and authorization for employment in the United States. On March 8, 2013, U.S. Citizenship and Immigration Services (“USCIS”) published a revised Form I-9. According to USCIS, the “[i]mprovements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers.”

The revised version of Form I-9 must be used for employees hired or rehired after May 7, 2013. It must also be used to re-verify a non-citizen’s work authorization that expires after May 7, 2013. Employers are encouraged, however, to start using the revised Form I-9 now for all hires and re-verifications.

When employers begin to use revised Form I-9, USCIS encourages employers to provide job applicants with the one-page instructions along with the two-page form. USCIS also suggests that the two-page form be printed on both sides of the same piece of paper to avoid lost pages. The revised Form I-9 can be accessed in English and Spanish on the USCIS website: www.uscis.gov.

For more information on this matter, please contact the attorneys in KD’s Employment Law practice.

The materials contained in this Announcement are for informational purposes only and not for the purpose of providing legal advice. For advice about a particular problem or situation, please contact an attorney of your choice.