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  • Blogging: New I-9, Employment Eligibility Verification Form Implemented by Danielle L. C. Beach-Oswald

    Bloggings on Immigration Law

    by Danielle Beach-Oswald

    Bloggings: New I-9, Employment Eligibility Verification Form Implemented, by: Danielle L. C. Beach-Oswald

    Starting March 8, 2013, the new I-9, Employment Eligibility Verification Form went into effect.  We would like to remind all employers that earlier versions of the form are now invalid.  As of the 8th of March, employers who fail to use the newly revised form are subject to all applicable penalties under section 274A of the INA, 8 U.S.C. 1324a.  However the United States Citizenship and Immigration Services (USCIS) does recognize that additional time must be allocated to employers, as not everyone will be able to update their business processes immediately.  This is especially true in cases where employers use electronic systems for forms, as the electronic systems may not update the forms immediately.  For these reasons, USCIS is allowing for a 60-day grace period, during which employers might not be penalized for failing to use the correct version of the form. 

    The revision to the I-9 are meant to minimize errors during the process of completing the form.  There are three main revisions:

    1. Data fields were added, such as the employee’s foreign passport information, telephone number, and email address. 
    2. The layout of the form has been expanded from one page to two pages, excluding instructions.
    3. The instructions have been improved in order to simplify the process of filling out the form. 

    It is to be noted that employers do not need to fill out a new I-9 for existing employees who still have a properly completed I-9 on file.  Only in the case of re-verification are employers obligated to have their existing employees fill out a new I-9.  Otherwise, unnecessary verification may result in a violation of the anti-discrimination provision 1324b. 

    For more information regarding the new I-9 Form, please click here.  

    About The Author

    Danielle Beach-Oswald is the current President and Managing Partner of Beach-Oswald Immigration Law Associates in Washington, DC. Ms. Beach utilizes her 19 years of experience in immigration law to help individuals immigrate to the United States for humanitarian reasons. Born in Brussels, Belgium, Ms. Beach has lived in England, Belgium, Italy and Ivory Coast and has traveled extensively to many countries. Ms. Beach advocates for clients from around the world who seek freedom from torture in their country, or who are victims of domestic violence and trafficking. She has also represented her clients at U.S. Consulates in Romania, China, Canada, Mexico, and several African countries. With her extensive experience in family-based and employment-based immigration law Ms. Beach not only assists her clients in obtaining a better standard of living in the United States, she also helps employers obtain professional visas, and petitions for family members. She also handles many complex naturalization issues. Ms. Beach has unique expertise representing clients in immigration matters pending before the Federal District Courts, Circuit Courts, Board of Immigration Appeals and Immigration Courts. She has won over 400 humanitarian cases in the United States. Her firm's website is www.boilapc.com.

    The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.
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