New I-9 Form in Effect Today

March 8, 2013Articles

Today, The Department of Homeland Security (DHS) released its new I-9 (Employment Eligibility Verification) form that all employers are required to use to verify the identity and employment authorization eligibility of their employees.

Previously a one-page form, the 03/08/2013 version is now a two-page form. According to DHS, the revised Form I-9 makes improvements designed to minimize errors in form completion. The key revisions to Form I-9 include:

  • adding data fields;
  • improving the form's instructions;
  • revising the layout of the form.

DHS’ announcement informs all employers that they should now begin using Form I-9 with a revision date of “(Rev. 03/08/13)N” to comply with their employment eligibility verification responsibilities. (The revision date is located in the bottom right-hand corner of the form.)

After May 7, 2013, all prior versions of Form I-9 may no longer be used, and employers who fail to use the new I-9 from will be subject to enforcement and penalties under federal immigration law.

While DHS’ announcement instructs employer that they “must use the new Form I-9 immediately,” the government acknowledges that “some employers may need additional time in order to make necessary updates to their business processes to allow for use of the new Form I-9” and that modifications to electronic systems may be particularly necessary for employers using electronic I-9 forms. Employers therefore have 60 days to phase in use of the new I-9.

The new I-9 form is available here.