Bloggings on I-9 E-Verify Immigration Compliance

Bruce Buchanan

Revised 2-Page Form I-9 is Finally Released; by Bruce Buchanan, Siskind Susser, P.C.

The USCIS*has today released the*long-awaited new 2-page Form I-9, which is dated “Rev. 03/08/13.”* Go to*and then forms for the new Form I-9 with new instructions.*

Employers*should immediately start to use this new I-9 and discontinue using earlier Form I-9s
with other expiration dates. USCIS is providing a 60-day grace period (which ends on May 7, 2013) before it is mandatory to use the new form.

IMPORTANT – New Form I-9 does not mean that current employees should fill out a new Form I-9. It only means that you should use the new Form I-9 for new hires or re-hires (which normally does not include employees being recalled from a layoff).

Here are some important new aspects of the new Form I-9:

  1. Biggest change – It is 2 pages, which should make it easier to fill out. Page 1 is Section 1 while page 2 is Sections 2 and 3.

  2. Section 1 adds boxes for the employee to list their email address and telephone number. However, this is optional though the Form I-9 does not state such, only the instructions.

  3. Section 1 no longer asks for “Maiden name” rather asks for “Other Names Used (if any)”.

  4. Section 1 adds a data field for the employee to list their I-94 Admissions number and
    foreign passport number and country as an alternative to the A Number if the employee is only authorized to work rather a lawful permanent resident or U.S.* citizen.*Hopefully this*will be helpful but it is also could be*very confusing.

  5. Uses a signature box for an employee to sign in Section 1, rather than the previous confusing signature line.

  6. According to USCIS, it improves the instructions for filling out the I-9.*I agree.

  7. In Section 2 instructions, explanation of when a receipt is an acceptable document;
    and how the 3 day rule works for completing the I-9 by the employer.

  8. Section 2 clarifies the use of acceptable documents, “List A OR List B AND List C” though*I still assume that some employers will illegally overdocument by filling out information in all lists under the philosophy - more is better.

  9. Changes title of Section 3 to “Reverification and Rehires” from “Updating and Reverification.” This change could lead to confusion on whether name changes need to be updated. The instructions say yes.

  10. It does not add or delete acceptable documents in Lists A, B or C.

*If you have any*questions, let*me know.


About The Author

Bruce E. Buchanan is an attorney at the at Nashville Office of Siskind Susser, P.C. He represents individuals and employers in all aspects of immigration law, with an emphasis on immigration compliance for employers, and employment/labor law.

Mr. Buchanan received his law degree from the Vanderbilt University School of Law in 1982 and a B.S. degree from Florida State University, where he graduated magna cum laude. Mr. Buchanan has been in private practice since 2003. Beforehand, he served as Senior Trial Specialist for the National Labor Relations Board for 20 years. He also served from 1991 to 2003 as Adjunct Professor at William H. Bowen UALR School of Law, where he taught courses in Labor Law and Employment Law.

Mr. Buchanan was chair of the Tennessee Bar Association's Immigration Law Section from 2011 to 2012 and has been the editor of the TBA's Immigration Law Section Newsletter and the TBA's Labor and Employment Law Section Newsletter since 2009. Mr. Buchanan is a frequent writer and speaker on immigration compliance as well as labor law, wage & hour law and proposed federal legislation. He is a member of American Immigration Lawyers Association (AILA) and serves as the Advocacy Liaison of the Mid-South Chapter of AILA. Mr. Buchanan also serves on the Board of Directors for the Nashville International Center for Empowerment (NICE) and is an associate member of the Mid-Tennessee Chapter of the Associated Builders & Contractors.

Mr. Buchanan is admitted to practice in Tennessee, Florida, and Arkansas, before the U.S. Court of Appeals for the Fifth, Sixth, Eighth, and D.C. Circuits and the U.S. District Courts for the Middle District of Tennessee and the Eastern and Western Districts of Arkansas.

The opinions expressed in this article are those of the author(s) alone and should not be imputed to ILW.COM.