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I-9 E-Verify Immigration Compliance

Revised 2-Page Form I-9 is Finally Released; by Bruce Buchanan, Siskind Susser, P.C.

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The USCIS has today released the long-awaited new 2-page Form I-9, which is dated "Rev. 03/08/13."  Go to www.uscis.gov/ and then forms for the new Form I-9 with new instructions. 


Employers should immediately start to use this new I-9 and discontinue using earlier Form I-9s
with other expiration dates. USCIS is providing a 60-day grace period (which ends on May 7, 2013) before it is mandatory to use the new form.


IMPORTANT - New Form I-9 does not mean that current employees should fill out a new Form I-9. It only means that you should use the new Form I-9 for new hires or re-hires (which normally does not include employees being recalled from a layoff).


Here are some important new aspects of the new Form I-9:



  1. Biggest change - It is 2 pages, which should make it easier to fill out. Page 1 is Section 1 while page 2 is Sections 2 and 3.

  2. Section 1 adds boxes for the employee to list their email address and telephone number. However, this is optional though the Form I-9 does not state such, only the instructions.

  3. Section 1 no longer asks for "Maiden name" rather asks for "Other Names Used (if any)".

  4. Section 1 adds a data field for the employee to list their I-94 Admissions number and
    foreign passport number and country as an alternative to the A Number if the employee is only authorized to work rather a lawful permanent resident or U.S.  citizen. Hopefully this will be helpful but it is also could be very confusing.

  5. Uses a signature box for an employee to sign in Section 1, rather than the previous confusing signature line.

  6. According to USCIS, it improves the instructions for filling out the I-9. I agree.

  7. In Section 2 instructions, explanation of when a receipt is an acceptable document;
    and how the 3 day rule works for completing the I-9 by the employer.

  8. Section 2 clarifies the use of acceptable documents, "List A OR List B AND List C" though I still assume that some employers will illegally overdocument by filling out information in all lists under the philosophy - more is better.

  9. Changes title of Section 3 to "Reverification and Rehires" from "Updating and Reverification." This change could lead to confusion on whether name changes need to be updated. The instructions say yes.

  10. It does not add or delete acceptable documents in Lists A, B or C.


 If you have any questions, let me know.


 

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