U.S. Citizenship & Immigration Services Releases New Form I-9, Employment Eligibility Verification


On March 8, 2013, U.S. Citizenship and Immigration Services released a new version of Form I-9 with a revision date of 03/08/2013.

Employers are required to use the new Form I-9 no later than May 7, 2013, for all new hires and rehires, as well as to re-verify an employee’s identity and continued employment eligibility. Employers are not required to replace prior I-9 forms that were used before May 7, 2013. Changes to Form I-9 include expanded instructions and new fields, including an employee’s e-mail address, telephone number and foreign passport information. Failure to use the new Form I-9 by May 7, 2013, may result in the imposition of civil penalties under the Immigration and Nationality Act.

U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the U.S., including both citizens and non-citizens. An employee must demonstrate his or her eligibility to work in the United States. The employer must examine the employment eligibility and identity document(s) presented by the employee to determine whether the document appears to be genuine and relates to the employee. Employers are required to retain Form I-9 for three years after the date of hire or one year after termination, whichever is later.

Should you have any questions, please do not hesitate to contact Vinh Duong (615.850.8936) or any member of Waller's Labor & Employment Group.