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March 08, 2013

Form I-9 Revised!

Today, March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published a revised Form I-9 for use in verifying employment eligibility. Employers can continue to use previously accepted versions for the next two months, until May 7, 2013.

All employers are required to complete a Form I-9 for each employee. The USCIS stated that the revisions to the form include: 

  • A new field;
  • Reformatting to reduce errors; and
  • Clearer, user-friendly instructions for both employees and employers. The Department of Homeland Security published a Notice in the Federal Register informing employers of the new Form I-9.

HRCalifornia is updated with the newly revised form. 

According to the USCIS, effective March 8, 2013:

  • Employers should begin using the newly revised Form I-9 (Rev. 03/08/13N) for all new hires and reverifications.
  • Employers may continue to use previously accepted revisions (Rev.02/02/09N) and (Rev. 08/07/09Y) until May 7, 2013.
  • (UPDATED April 15, 2013): Beginning May 7, 2013, employers must only use Form I-9 (Rev. 03/08/13N).

According to the USICS, employers should not complete a new Form I-9 for current employees if a properly completed Form I-9 is already on file.

A Spanish version of Form I-9 (Rev. 03/08/13N) is also available, and HRCalifornia is updated with the new form. The Spanish version is for use in Puerto Rico only. Spanish-speaking employers and employees in the 50 states, Washington, D.C., and other U.S. territories may use the Spanish version for reference, but must complete the English version of the form.

The USCIS publishes a handbook that assists employers in completing the Form I-9. The USCIS is in the process of updating the Handbook for Employers Guidance for Completing the Form I-9 (M-274) to correspond to the new form. The revised handbook will be released next week. The USCIS states that employers and employees should follow the instructions on the new form until the Handbook is updated.

Stayed tuned to the HRWatchdog for more updates on the newly revised I-9 form. Turn to HRCalifornia for updated content as the USCIS releases more information.

Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content

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