Use of Revised I-9 Forms for New Hires Will be Required May 7

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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.