April 12, 2013 –
Mandatory use of new I-9 corrected to May 7, 2013

Gunster’s Immigration Alert dated March 12 notified readers that on March 8 the U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9 (Rev. 03/08/13). The revision number is found in the lower right-hand corner of the form.

In its Federal Register Notice announcing the new revised Form I-9, the USCIS stated that the new I-9 form was effective immediately and should be used immediately.

USCIS also stated that after May 7, 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).

On April 9, in a Federal Register Notice, the USCIS clarified its prior notice with regard to the date that use of the new revised Form I-9 is mandatory. THE NEW REVISED FORM I-9 IS MANDATORY BEGINNING ON MAY 7, 2013 AND NOT AFTER MAY 7, 2013.

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” tab.