TBA Law Blog

Posted by: Lynn Pointer on Sep 26, 2013

U.S. Citizenship and Immigration Services (USCIS) published a new Form I-9 on March 8, 2013. The form will be found here. The new Form I-9, with a revision dated of 03/08/13 (and an expiration date of 3/31/16), became effective immediately. After May 7, 2013, employers must use the new Form I-9. The revision date is found in the lower left hand column of the revised Form.

While prior versions of the form I-9 included three pages of instructions, the new Form I-9 includes six page of instructions. The new instructions provide a number of answers to frequently asked questions employers raised when using previous versions of the Form I-9. For example, the new instructions expressly provide that identifying a social security number for Section 1 purposes remains voluntarily, unless the employer is enrolled in E-verify. The instructions also explain the “receipt rule,” which allows an employee to comply with Section 2 requirements by producing a receipt for a replacement document. The instructions also make expressly clear that re-verification does not apply to List B documents.

While previous versions of the Form I-9 consisted of only one page containing all three Sections, the new Form itself now consists of two pages, with the first page entirely devoted to Section 1 and the Prepare and/or Translator Certification and the second page consisting of Sections 2 and 3. Section 1 of the new Form I-9 now includes a space for employees to provide all other names used by the employee (including a maiden name). Section 1 also now has a space for employees to voluntarily include their e-mail address and telephone number. Section 2 has been slightly revised, with the goal of making the form easier to understand for employers. Each column on the Form used for identifying either List A, List B, or List C documents now includes descriptions to inform employers of the information to be provided. Moreover, while the employer’s signature box in Section 2 still seeks the same information as earlier versions of the Form, the new Form provides more spaces for the employer to input the information.