March 13, 2013 –
Employers: Are you using the new I-9 (employment eligibility verification form)?

New: Revised employment eligibility verification form

On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9 (Rev. 03/08/13)N. The revision number is found in the lower right-hand corner of the form. The new I-9 Form is effective immediately and should be used now. 

After May 7, 2013, employers who fail to use this new I-9 Form may be subject to all applicable penalties under the federal employment eligibility verification law and regulations as enforced by U.S. Immigration and Customs Enforcement (ICE). This 60-day implementation period prior to mandatory use of the new form is to allow employers time to make necessary updates to their business processes to allow for use of the new Form I-9, particularly for modifications to any electronic systems being used to generate electronic I-9 Forms.

Employers are required to verify, on Employment Eligibility Verification Form I-9, the employment authorization and identity of each individual they hire for employment in the U.S. Employers do not need to complete the new Form I-9 for current employees for whom there is already a properly completed Form I-9 on file, unless reverification applies. Unnecessary verification may violate an antidiscrimination provision of the Immigration and Nationality Act.

Employers should review the new Form I-9, which can be found on USCIS’ website at www.uscis.gov under the “FORMS” link. USCIS has revised the Handbook for Employers (M-274) to incorporate guidance with regard to completing the new Form I-9. Key revisions to the new I-9 Form include:

Reminder: April 1, 2013 is opening day for filing H-1B Petitions

Employers are reminded that as of April 1, 2013, USCIS will begin accepting H-1B Petitions for employment commencing on or after October 1, 2013 (i.e. for employment beginning in FY 2014).

Our previous immigration alerts have provided additional information regarding the H-1B program and particularly that a limited annual quota applies to such petitions.

We have emphasized that employers should file their H-1B Petitions that are subject to this annual quota on April 1, 2013, and, if not possible on April 1, 2013, as soon thereafter as possible to avoid being precluded from having their petition considered due to the annual quota having been reached.

There is speculation that the annual quota could be reached as early as April 1, 2013, the opening day for filing.