New I-9 Form Becomes Mandatory May 7.

The 1986 Immigration Reform and Control Act (IRCA) requires U.S. employers to verify the identity and work eligibility of all individuals, whether U.S. citizens or not, hired after November 6, 1986. Employers are required to complete an Employment Eligibility Verification Form I-9, for every new employee.  The recently published new I-9 form becomes mandatory for all new hires beginning on May 7, 2013. Until then, employers may continue using the old form, at their discretion.  Employers should not complete a new I-9 Form for current employees for whom an I-9 Form is already on file.

The new form is two pages, which should reduce confusion about which part is to be completed by the employer and which by the employee, since each is now on a separate page. Additionally, the new form contains fields for foreign nationals to provide their I-94 and passport numbers, and provides clarification about acceptable documentation.  In addition, beginning April 30, 2013, through a new automated I-94 process, foreign nationals will be able to access their I-94 number through a secure website. 

I-9 Forms should be completedby a new employee by the first day of employment, but may be completed by the employee any time after the acceptance of the job offer.  Employers should review the employee's documents and complete the Employer section of the I-9 within (3) business days of the first date of employment. 

In addition to the new form, a new Handbook for Employers on filling out the I-9 was released.  The new form is available from the USCIS website or here.