DEPARTMENT OF HOMELAND SECURITY ISSUES NEW I-9 FORM

     All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States (both citizens and noncitizens), in verifying their identity and employment authorization.

     On March 8, 2013, the United States Citizenship and Immigration Services ("USCIS") released a new Employment Eligibility /Form I-9 ( I-9 employment eligibility verification form). The USCIS encourages employers to use the new I-9 Form immediately, but recognizes that some employers may need additional time in order to make necessary updates to their business processes. For this reason, employers may continue to use the old I-9 forms for the next 60 days, or until May 7, 2013. However, after May 7, 2013, employers must use the new Form I-9 for all new hires.

     The new I-9 does not need to be completed for existing employees who already have a completed Form I-9 on file.

     Some of the changes to the new form include:

• Revising the layout of the Form I-9, expanding the Form I-9 from one to two pages (not including the instructions and list of acceptable documents).

• Improving and expanding the Form I-9 Instructions.

• Adding new fields for the employee's telephone number, email address and foreign passport information (if applicable).

     Employers must retain I-9 forms for their employees for three years after the date of hire or one year after the date employment ended, whichever is later. Employers also must make their I-9 forms available for inspection by Immigration and Customs Enforcement, the Justice Department and the Department of Labor.

     Accordingly, employers should update their version of the Form I-9 and ensure they are using the new version no later than May 7, 2013.