Contact: John E. Exner IV; Mitchell Silberberg & Knupp LLP (Los Angeles, California, USA)
After many months of announcements and discussion, the Department of Homeland Security (“DHS”), through the United States Citizenship and Immigration Service (“USCIS”), released a new edition of the Form I-9 on March 8, 2013. This newest version of the form goes into effect immediately. However, USCIS has authorized a sixty (60) day grace period during which either the new version of the form or the last version may be used. Following the end of the grace period, on May 7, 2013, all U.S. employers are required to use the new Form I-9 for all new hires. Employers should notcomplete the new I-9 for current employees unless it is being used for reverification purposes.
The Form I-9, intended to document verification of the identity and employment authorization of each new employee, has seen many minor modifications and revisions in the last several years, but none as significant as the current changes to the form. Furthermore, as it is the employer’s responsibility to complete and retain each Form I-9 for each new employee, it is also the responsibility of all employers to familiarize themselves with the new features of the form and the mandatory time frames for its usage.
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