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On March 8, 2013, the U.S. Immigration and Customs Enforcement made available the new Form I-9, which is available on their website, reflecting a revision date of “03/08/13” on the lower-left corner of the form. Although employers were to begin using the newest form immediately, older forms with a revision date of “02/02/09” or “08/07/09” were and are acceptable for use up to, and including, May 7, 2013. On May 7, 2013, only the new Form I-9 will be accepted. The newest version of Form I-9 represents the most significant revision of the form since its last major revision in 1991. A link to the new form is provided here:
http://www.uscis.gov/files/form/i-9.pdf
The Immigration Reform and Control Act of 1986 requires employers to verify the identity and employment authorization of all employees hired after November 6, 1986. To comply with that legal obligation, Form I-9, Employment Eligibility Verification (Form I-9), was created for employers to use for each employee hired. Employers are further required to maintain completed Forms I-9 throughout the respective employee’s employment and thereafter either for three years after the date of hire or for one year after employment is terminated, whichever is later. An employer’s Forms I-9 are subject to inspection by U.S. Immigration and Customs Enforcement, U.S. Office of Special Counsel, and the U.S. Department of Labor to ensure compliance with various immigration, anti-discrimination, and wage and hour laws.
If you have any questions related to this Legal Alert or labor and employment law issues, generally, please contact Attorney Michael Bogdan or any other member of the firm’s Labor and Employment Law section.
NOTE: This general summary of the law should not be used to solve individual problems since slight changes in the fact situation may require a material variance in the applicable legal advice.