Reprinted from the April 2013 Carolina Subcontractor
On March 8, 2013, the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) published the long-awaited, revised Form I-9. USCIS initially proposed the new form in March 2012 and has spent the past several months reviewing thousands of comments about the proposed changes. The key changes on the new I-9 form also provides more detailed instructions concerning completion of the form. The new form can be found at www.uscis.gov and on I-9 central at www.uscis.gov/I-9Central.
Employers may immediately begin using the revised I-9 form for new hires, but have the option to continue using the existing I-9 form (2/2/2009 and 8/7/2009 versions as noted in the right-hand corner) until May 7, 2013. On May 7, all employers must begin using the revised I-9 form for new hires. Employers do not need to complete a new I-9 form on the revised form if they already have an existing I-9 form on file for the employee. The form is available for review in Spanish and English versions, but only the English version can be completed for I-9 purposes.
Updated M-274 Handbook
USCIS has updated the M-274 Handbook (Handbook for Employers,
Guidance for Completing the Form I-9) with information
about the revised I-9 form (Rev. 3/8/2013) as well. The
Handbook includes examples of proper I-9 completion using
the new form. The revised M-274 handbook can be found at
http://www.uscis.gov/files/form/m-274.pdf.
ICE Audit Update and Training
Preliminary reports indicate ICE may be gearing up to substantially
increase I-9 audits in 2013 with continued emphasis on
subsequent audits for those employers previously audited by
ICE as well as audits for businesses in critical infrastructure.
With immigration reform as a possibility on the horizon, the
federal government will likely continue with worksite
enforcement initiatives which often result in substantial
fines for employers.
To prepare for these changes, employers must
remain committed to achieving effective immigration compliance
on state and federal immigration laws. The ability
to demonstrate good faith efforts remains an important
component of an effective compliance program. Managers
should receive periodicI-9 compliance training and consider
implementing an effective immigration compliance
program.
Please contact Melissa Azallion, McNair Law Firm, P.A.,
at mazallion@mcnair.net or 843-785– 2171 or any McNair
attorney for assistance on immigration compliance matters.
www.mcnair.net
Note: This alert provides an overview of certain aspects of
a specific legal issue. It is not intended to be, and should
not be construed as, legal advice for any particular fact
situation. This alert does not establish and should not be
construed as establishing an attorney client relationship.