EMPLOYERS MUST USE NEW FORM I-9 STARTING MAY 7, 2013 March 19, 2013On March 8, 013, the U.S. Citizenship and Immigration Services (“USCIS”) released a revised Form I-. The main changes to the revised Form I-9 are as follows: improved instructions; additional data fields for employee telephone numbers and email addresses; and, a revised layout that expands the form to two pages instead of one, not counting the instructions and list of acceptable documents.

Employers should begin using the new form for all new hires immediately. The new Form I-9 has a revision date of “03/08/13” located in the lower left corner of the form. Prior versions of the form cannot be used after May 7, 2013.

An employer’s I-9 Forms are subject to inspection by USCIS, the Department of Justice, the Department of Homeland Security and the U.S. Department of Labor.In the event of an inspection, an employer’s use of an expired Form I-9 for completing the requisite verification process amounts to an administrative violation that may result in fines. It is also important to remember that employers are required to keep completed I-9 Forms for three years after the date of hire, or for one year after employment is terminated, whichever is later.

You can download the new form and instructions at: http://tinyurl.com/c96fsr

Completed forms on file need not be re-done. The new forms must be used for all new employees. Obermayer labor and employment attorneys are available to provide guidance and assistance on these issues.

The information contained in this article should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.