New I-9 Form takes effect today. Are you ready?

May 7, 2013

CHARLESTON, SC – May 8, 2013 – Today, employers are required to use the new I-9 Form to verify the identity and employment authorization of each employee hired in the United States. The revised I-9 Form takes effect May 8, 2013.  Employers could face up to $1,100 per violation if they fail to meet the rules.

The U.S. Citizenship and Immigration Services (USCIS) released the form on March 8, 2013 after making several improvements designed to minimize errors in form completion. The key revisions to Form I-9 include:

  • Adding data fields, including the employee’s foreign passport information (if applicable) and telephone and e-mail addresses.
  • Improving the form’s instructions to more clearly indicate what is required of the employee and employer in each section.
  • Changing the layout of the form and expanding the size from one totwo pages (not including the form instructions and the List ofAcceptable Documents).

The USCIS also has published a Handbook for Employers to provide additional guidance.

The USCIS recognized that modifications to electronic systems may beparticularly necessary for employers using electronic versions of theI-9 Forms, so the agency provided 60 days to make necessary changes.  However, that 60 day time period has ended, and employers now onlyshould use the new I-9 Form.

Practical Tips:

  • Ensure you and your team understands the requirements for each section of the new form.
  • Ensure your team has a dedicated individual or individuals to spearhead the transition to the new form.
  • Partner with your electronic I-9 software developers to ensure a smooth implementation of the new form.
  • Do not use the old form.

To order USCIS forms, employers can call a toll-free number (1-800-870-3676 ) or visit USCIS’s I-9 Central web page at www.uscis.gov/I-9Central.  If you have questions, contact a member of our Collins & Lacy Employment Law team  or call 803-256-2660.

About the author

Charles Appleby is based in the Collins & Lacy Columbia, S.C. office and practicesin employment law and retail/hospitality/entertainment liability. In his employment practice, Charles represents employers from all types ofindustries in litigation and alternative dispute resolution. Charles has represented clients in Circuit Court, United States Federal Court, andhas appeared regularly before the South Carolina Employment SecuritiesCommission and Appeals.  Charles was recently honored by South CarolinaSuper Lawyers as a 2013 Rising Star.