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  • News: USCIS Publishes Notice On Revised Employment Eligibility Verification Form I-9

    Federal Register, Volume 78 Issue 46 (Friday, March 8, 2013)
    [Federal Register Volume 78, Number 46 (Friday, March 8, 2013)]
    [Notices]
    [Pages 15030-15031]
    From the Federal Register Online via the Government Printing Office [www.gpo.gov]
    [FR Doc No: 2013-05327]
    
    
    -----------------------------------------------------------------------
    
    DEPARTMENT OF HOMELAND SECURITY
    
    U.S. Citizenship and Immigration Services
    
    [CIS No. 2532-13; DHS Docket No.: USCIS-2006-0068]
    
    
    Introduction of the Revised Employment Eligibility Verification 
    Form
    
    AGENCY: U.S. Citizenship and Immigration Services, DHS.
    
    ACTION: Notice.
    
    -----------------------------------------------------------------------
    
    SUMMARY: U.S. Citizenship and Immigration Services (USCIS) is 
    announcing the newly revised Employment Eligibility Verification form, 
    Form I-9. Employers are required to use the Form I-9 to verify the 
    identity and employment authorization eligibility of their employees. 
    The revisions to Form I-9 contain formatting changes and the inclusion 
    of additional data fields. This notice contains the dates that 
    employers should begin using the newly revised Form I-9 and announces 
    the date that employers can no longer use prior versions of the forms.
    
    DATES: Employment Eligibility Verification form (Form I-9) with a 
    revision date of ``(Rev. 03/08/13) N'' is available for use beginning 
    March 8, 2013. Prior versions of Form I-9 (Rev. 08/07/09) Y and (Rev. 
    02/02/09) N can no longer be used by the public effective May 7, 2013.
    
    FOR FURTHER INFORMATION CONTACT: Sharon Ryan, Department of Homeland 
    Security, U.S. Citizenship and Immigration Services, Verification 
    Division, 131 M Street NE., Suite 200, Washington, DC 20529. For 
    information about the employment eligibility verification process, 
    employers can call the Verification hotline at 888-464-4218 (877-875-
    6028 for TTY) and employees can call 888-897-7781 (877-875-6028 for 
    TTY) for further information. The public can also email Verification at 
    I-9Central@dhs.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        Employers and certain agricultural recruiters and referrers for a 
    fee (referred to collectively as ``employers'') are required to verify 
    on Employment Eligibility Verification form (Form I-9) the employment 
    authorization and identity of each individual they hire (or recruit or 
    refer for a fee if applicable), for employment in the United States.
        Form I-9 contains three sections. The purpose of Section 1 of the 
    form is to collect, at the time of hire identifying information about 
    the employee (and preparer or translator if used), and for the employee 
    to attest to whether he or she is a U.S. citizen, noncitizen national, 
    lawful permanent resident, or alien authorized to work in the United 
    States. The employee must also present documentation for review 
    evidencing his or her identity and authorization to engage in this 
    employment. The purpose of Section 2 of the form is to collect, within 
    3 business days of the employee's hire, identifying information from 
    the employer and information regarding the identity and employment 
    authorization documentation presented by the employee and reviewed by 
    the employer. The purpose of Section 3 of the form is to collect 
    information regarding the continued employment authorization of the 
    employee. This section, if applicable, is completed at the time that 
    the employee's employment authorization and/or employment authorization 
    documentation recorded in either Section 1 or Section 2 of the form 
    expires. This section may also be used if the employee is rehired 
    within 3 years of the date of the initial execution of the form and to 
    record a name change if Section 3 is otherwise completed.
        Employers are required to maintain Forms I-9 for as long as an 
    individual works for the employer and for the required retention period 
    for the termination of an individual's employment [either 3 years after 
    the date of hire or 1 year after the date employment ended, whichever 
    is later]. Also, employers are required to make their employees' Forms 
    I-9 available for inspection upon request by officers of U.S. 
    Immigration and Customs Enforcement (ICE), the Department of Justice 
    (DOJ) Office of Special Counsel for Immigration-Related Unfair 
    Employment Practices, and the Department of Labor. Failure of an 
    employer to ensure proper completion and retention of Forms I-9 may 
    subject the employer to civil money penalties, and, in some cases, 
    criminal penalties.
        On March 27, 2012, USCIS published a 60-day information collection 
    notice in the Federal Register at 77 FR 18256 inviting the public to 
    comment on USCIS's proposed revisions to Form I-9 and renewal request 
    of the information collection to the Office of Management and Budget 
    (OMB) as required by the Paperwork Reduction Act of 1995. USCIS 
    received comments from over 6,200 commenters on the 60-day notice. On 
    August 22, 2012, USCIS published a second notice at 77 FR 50710 
    inviting the public to comment for a 30-day period. Thereafter, USCIS 
    issued two correction notices. On September 10, 2012, USCIS issued a 
    correction notice at 77 FR 55486 to inform the public that comments 
    should be submitted to OMB. On September 14, 2012, USCIS issued a 
    notice at 77 FR 56856, to correct the eDocket number. The comment 
    period on the 30-day notice was extended to October 15, 2012. On March 
    8, 2013 OMB approved the revised Form I-9. See OMB No. 1615-0047 at 
    www.reginfo.gov.
    
    II. Changes to Form I-9
    
        The newly revised Form I-9 makes several improvements designed to 
    minimize errors in form completion. The key revisions to Form I-9 
    include:
         Adding data fields, including the employee's foreign 
    passport information (if applicable) and telephone and email addresses.
         Improving the form's instructions.
         Revising the layout of the form, expanding the form from 
    one to two pages (not including the form instructions and the List of 
    Acceptable Documents).
    
    III. Use of the Revised Form I-9
    
        In this notice, USCIS is announcing that employers should begin 
    using Form I-9 with a revision date of ``(Rev. 03/08/13)N'' to comply 
    with their employment eligibility verification responsibilities. The 
    revision date is located in the bottom right-hand corner of the form.
        After May 7, 2013, all prior versions of Form I-9 can no longer be 
    used by the public. The public can download the new Form I-9 at 
    www.uscis.gov. After May 7, 2013, employers who fail to use Form I-9 
    (Rev. 03/08/13)N may be subject to all applicable penalties under 
    section 274A of the INA, 8 U.S.C. 1324a, as enforced by U.S. 
    Immigration and Customs Enforcement (ICE) and DOJ.
        Employers must use the new Form I-9 immediately; however, USCIS 
    recognizes that some employers may need additional time in order to 
    make necessary updates to their business processes to allow for use of 
    the new Form I-9. USCIS recognizes that modifications to electronic 
    systems may
    
    [[Page 15031]]
    
    be particularly necessary for employers utilizing electronic Forms I-9. 
    For these reasons, USCIS is providing employers 60 days to make 
    necessary changes. USCIS believes that the 60-day period will help 
    alleviate the burden that immediate implementation of the newly revised 
    Form I-9 would have imposed on employers.
        Note that employers do not need to complete the new Form I-9 (Rev. 
    03/08/13)N for current employees for whom there is already a properly 
    completed Form I-9 on file, unless re-verification applies. Unnecessary 
    verification may violate the anti-discrimination provision at section 
    274B of the INA, 8 U.S.C. 1324b, which is enforced by DOJ's Office of 
    Special Counsel for Immigration Related Unfair Employment Practices.
    
    IV. Obtaining Forms I-9 (Rev. 03/08/13)N
    
        Employers may access the new Form I-9 (Rev. 03/08/13)N online by 
    visiting the USCIS Web site at www.uscis.gov. To order USCIS forms, 
    employers can call our toll-free number at 1-800-870-3676. The public 
    can obtain USCIS forms and information on immigration laws, regulations 
    and procedures by calling our National Customer Service Center at 1-
    800-375-5283 or by visiting USCIS's I-9 Central Web page at 
    www.uscis.gov/I-9Central.
        A Spanish-language version of the new Form I-9 is available at 
    www.uscis.gov for use in Puerto Rico only.
    
    Alejandro N. Mayorkas,
    Director, U.S. Citizenship and Immigration Services.
    [FR Doc. 2013-05327 Filed 3-7-13; 8:45 am]
    BILLING CODE 9111-97-P
    
    
    
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