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Beware of ICE: Employers Must Use New Form I-9 Effective May 7

Labor & Employment Alert
May 3, 2013

The Form I-9 employment eligibility verification form is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for U.S. employment, including both citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.

Immigration and Customs Enforcement (ICE) issued a new Form I-9 (dated March 8, 2013) that must be used by employers effective for new hires beginning no later than May 7, 2013. The new Form I-9 can be downloaded here. Employers can verify that they are using the correct form by ensuring the document contains the designation “Form I-9 (Rev. 03/08/13)N” on the lower left corner. Employers should not complete a new Form I-9 for a current employee if a properly completed I-9 is already on file.

The updated Form I-9 contains formatting changes that lengthen it from one page to two pages. The updated Form I-9 also has additional data fields, including a section for the mandatory listing of an employee’s passport information in certain circumstances, and sections for the optional listing of an employee’s e-mail address and telephone number. The lists A, B, and C Acceptable Documents have been updated to clarify which types of Social Security cards are acceptable.