Immigration & Customs Enforcement Releases
New Form I-9 & Employer Handbook (M-274) Updated
After months of anticipation and waiting, USCIS finally delivered the new Form I-9 March 8, 2013. Already, the I-9 circuit has been buzzing with comments, questions, and queries. With the release of the revised M-274 on March 11, 2013, Handbook for Employers, no doubt there will be more questions and comments. Below are links to the updated documents and additional information on the revisions:
Employers will have 60 days to transition to use of the new form -- until May 7, 2013. In the meantime, it is permissible to continue use of the current versions of the form for newly-hired workers.
Here are six articles providing different perspectives on the updated Form I-9 (source: "6 Must Read Articles on the New Form I-9" by Ann Cun)
1. The Alabama Immigration Law Journal’s Wendy Padilla-Madden, Attorney at Balch & Bingham LLP reminds employers currently using an electronic I-9 system to beware of their system’s compliance with changes in the law. It’s no secret that ICE has repeatedly informed employers of their responsibility for legal compliance no matter what software system is utilized.
2. Nation of Immigrators’ Angelo A. Paparelli, Partner at Seyfarth Shaw, and guest Nici Kersey, Managing Director of Kersey Immigration Compliance LLC, provides a detailed overview of the changes on the Form I-9, along with important insight on why the form changed and its ultimate impact on employers and comprehensive immigration reform.
3. Subject to Inquiry’s Christine Mehfoud, Attorney at McGuireWoods LLP indicated now was a good time for employers to “conduct a comprehensive Form I-9 training” for HR personnel before having them dive right into the new form.
4. Nici Kersey, Managing Director of Kersey Immigration Compliance LLC provides her clients with a detailed four-page Memo on approaching the new Form I-9.
5. Fennemore Craig’s Attorney Jared Leung provides his readers with a helpful list of “To-Do’s” when tackling the new Form I-9.
ICE undertook the revision to create a new form that can be used as a fill-able PDF form, to clarify the instructions and to generally simplify use of the form.
The new Form I-9 is also available in Spanish; this version of the Form I-9 is legal for employment verification in Puerto Rico only; however, employers in other jurisdictions can use the form as a tool to help Spanish-speaking employers under the English version of the form.
As with the current Form I-9, a list of acceptable documents is provided.
Among the differences between the new Form I-9 and the prior version:
- two-page format:
- new data fields for:
- foreign passport and country of issuance information;
- telephone number, and;
- email address.
You can obtain the new Form I-9 at this link or by calling USCIS' National Customer Service Center at 1-800-375-5283.
FELS will be analyzing the new form and providing helpful information about using the new form as it becomes available. If you have any questions or comments, please contact us at email@example.com or 800-753-9073.