USCIS has published the long awaited release of a new Employment Eligibility Verification, Form I-9 ‘(Rev. 03/08/13)N’. Since it’s been over three and a half years since USCIS last released a new version of the Form I-9, this post seeks to help you understand what you can expect to see on the new Form I-9 and to help you start thinking about how it might impact your hiring and on-boarding process.

By way of background, nearly a year ago, USCIS  published the first draft of the new form. Then in August, USCIS proposed a few updates to the draft after reviewing over 6000 public comments. As a quick overview, here are the key changes you can expect to see on the new form:

• New data fields, including the employee’s foreign passport information, phone number and email address;
• Expanded form instructions; and
• Revised form layout, increasing the paper form from one to two pages.

The new edition of the Form I-9 will take effect immediately on publication. However, employers can continue to use the previous versions of the Form I-9 (Rev. 08/07/09 and Rev. 02/02/09) for 60 days after the new Form I-9 is released. This means you must start using the form no later than May 7, 2013.

If you’re an employer, the change that will impact you the most will be the new fields. You’ll have to train hiring managers to understand the significance of the new fields, and apply compliance rules that ensure your forms continue to be filled out properly. Yes, the new fields do mean that the U.S. government has made the most complicated one-page form in the universe even more complicated!

Employers who process their I-9s manually typically rely on the USCIS instructions as their sole source of guidance. If this is your situation then it is critical for you to read and understand the expanded instructions released with this new form

Given that the new Form I-9 will impact the hiring process, the more you hire, the more you will be affected. Many companies are thinking about taking this opportunity to go electronic.  Since you are required to integrate a new Form I-9 into your business process, why not examine how an electronic I-9 solution can do most of the implementation work for you while dramatically improving both compliance and efficiency?  If you are ready or willing to switch to an automated I-9 system, make sure the system you adopt is poised to implement the new Form I-9 and meets or exceeds electronic Form I-9 requirements, such as Tracker I-9 Complete.

USCIS has updated their I-9 Central website with new instructions tailored to the new version of the Form I-9. From the I-9 Central website, you can also view or download the new Handbook for Employer, M-274, which has been revised and updated in light of the new Form I-9.

You can access the Department of Homeland Security’s notice published in the Federal Register informing employers of the new Form I-9 here.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

Discover how Tracker’s electronic I-9 software service lets you produce flawless I-9s every time. Feel free to contact us we’d love to hear from you.