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Labor & Employment Law Alert: U.S. Citizenship and Immigration Services ("USCIS") Issues Revised Form I-9

March 1, 2013

U.S. Citizenship and Immigration Services ("USCIS")

Issues Revised Form I-9

On March 8, 2013, the USCIS issued a new Employment Eligibility Verification Form I-9. A copy of the new Form I-9 can be found at www.uscis.gov. The new form has a revised layout, improved instructions and additional data fields.

There is a 60 day transition period from March 8, 2013 to May 7, 2013. During the transition period employers may use the new or old versions of the form for new hires and reverifications. The transition period provides employers an opportunity to become familiar with the new form and how to complete it. After May 7, 2013, employers must use the new form and failure to do so may result in fines and penalties. Employers should not complete a new Form I-9 for current employees if a properly completed Form I-9 is already on file.

USCIS also will revise its "Handbook for Employers" (M-274) to reflect the changes to the Form I-9. The Handbook is a valuable resource and is available at the website above.

On a related matter, completed I-9 forms for all available employees should be kept separate from personnel files.

If you have any questions, please contact any member of the Carmody & Torrance LLP Labor & Employment Practice Group for more information.