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.