By Sara J. Ackermann
May 7, 2013
On March 8, 2013, the U.S. Citizen and Immigration Services division of the Department of Homeland Security released a new I-9 Form. Here is a list of frequently asked questions regarding the new form:
When do we need to start using the new form? The USCIS recommends that employers start using the new form immediately. However, employers MUST start using the new forms by May 7, 2013.
Where can I get the new form? The I-9 Form is available for free at the USCIS website. You can access it by clicking here: Download Form I-9.
Where can I get more information about the new form and how to complete it properly? The USCIS has updated its Handbook for Employers which provides helpful information on how to complete the I-9. To access the Handbook, click here: Download M-274, Handbook for Employers, Guidance for Completing Form I-9.
What is the purpose of the I-9 Form? The form is used for verifying the identity and employment authorization of individuals. All U.S. employers must ensure proper completion of the I-9 Form for each individual they hire for employment in the United States. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. Employers must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the I-9 Form. The list of acceptable documents can be found on the last page of the form. Employers must retain the I-9 Form for a designated period and make it available for inspection by authorized government officers. Employers who fail to properly complete and retain these forms can be subject to fines of up to $1,000 per form. Employers who willfully engage workers who are not authorized to work in the U.S. can be subject to fines of up to $16,000 per worker and criminal penalties.
If you have questions regarding the above, please contact Sara Ackermann, the author of this article, or any of the attorneys in the Employment, Benefits & Labor Relations Practice Group of Ruder Ware.
This document provides information of a general nature regarding legislative or other legal developments, and is based on the state of the law at the time of the original publication of this article. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations, or issues, and additional facts and information or future developments may affect the subjects addressed. You should not act upon the information in this document without discussing your specific situation with legal counsel.
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