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Recent Revisions to Form I-9 – What Employers Need to Know

May 1, 2013

The U.S. Citizenship and Immigration Services (USCIS) within the Department of Homeland Security made revisions to the Form I-9 which go into effect on May 7, 2013. While you can use the new form before May 7, it will be required after that date.  The revisions are fairly minor.  Here are the most important points you need to know:

  1. The form is longer with more explanation regarding the information requested on the Form I-9 and how to comply with the requirements.
  2. The employee must complete Section 1 no later than the first day of employment but not before accepting the job offer.
  3. “Other Names used (if any)” is now requested instead of “maiden name.” Employees can respond with aliases they have used previously if appropriate.
  4. The employee can provide their email address and phone number but this information is optional.
  5. If the employee is an authorized alien who received an I-94 admission number from Customs and Border Protection (CBP) for arrival in the United States, then the employee must include his foreign passport number and country of issuance in Section 1.
  6. The “Lists of Acceptable Documents” page now specifies what forms of Social Security Account Number cards are not acceptable under “List C.”  A card is not acceptable if it includes one of the following:
    1. Not valid for employment
    2. Valid for work only with INS authorization
    3. Valid for work only with DHS authorization

The new Form I-9 can be found here and a detailed Employer Handbook is provided by the USCIS as well.

If you have any questions, please contact Tim Bernasek at tbernasek@dunncarney.com.  Special thanks to Dunn Carney legal extern Chelsea Jones for her work on this article.

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