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Federal Government Issues New I-9 Form

According to the National Restaurant Association (NRA), the federal government issued a new I-9 form March 7 — and while the new form is available for immediate use, employers have a 60-day grace period to begin using it, according to U.S. Citizenship and Immigration Services (USCIS).  The new form, which verifies the identity and work eligibility of newly hired employees has been made clearer and more user-friendly and will be required for new hires starting May 8, 2013.

USCIS said it realizes employers will need extra time to update their business processes to accommodate the new form, particularly businesses that use electronic I-9 forms. As a result, certain older versions of the form can be used for the next 60 days, or through May 7, 2013.

 Employers do not need to complete a new I-9 for existing employees who already have an I-9 on file, unless their employment needs to be re-verified.

The new form includes a revised layout that expands the form to two pages from one, along with improved instructions. A downloadable form and more details are available on USCIS’s website. Employers also can call the agency at (800) 870-3676.

Employers must maintain I-9 forms for their employees as long as they work for the employer and for the required retention period after the end of employment. That period either is three years after the date of hire or one year after the date employment ended, whichever is later. Employers also must make their I-9 forms available for inspection by Immigration and Customs Enforcement, the Justice Department’s Office of Special Counsel for Immigration-Related Unfair Employment Practices, and the Labor Department.


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