Archive for the ‘Form I-9’ Category

New Form I-9: Start Using It Now

Authored By: Natalie L. Murphy


On March 8, 2013, U.S. Citizenship and Immigration Services (“USCIS”) released the long-awaited new Form I-9 for employers.  The new form is available here and features a newly-designed layout, more detailed instructions and additional data fields for completion.  Employers should begin using the new form immediately. Here is what’s new: (more…)

New Form I-9 Issued – Begin Using It Now

Authored By: Michael L. Kim


A new Form I-9 was issued by USCIS yesterday, March 8, 2013.  The newly revised Form I-9 includes additional data fields, improved instructions and a new layout that expands the form to two pages.  Employers should begin using the new Form I-9 now.  However, there will be a 60-day grace period until May 7, 2013, during which time employers can transition to the new form, but after that period, employers may be subject to penalties for using other versions.

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We Are Being Audited by ICE – Should We Go Back and Fix Our Problems Now?!


The employer hears a knock at the door.  Surprise!  ICE is on the other side to serve the employer with a Notice of Inspection to audit Forms I-9.  Of course, the employer repeats the ever-popular phrase, “Keep Calm and Carry On,” but what happens next?  Thoughts may be racing through the employer’s mind such as, “Let’s fix our I-9s immediately, but we won’t tell our employees why we are completing new forms.” Or, “We should request as much documentation as our employees can present to make certain we are covered.”  Or, the increasingly popular, “Let’s request new documentation from ‘foreign’ employees so we can tell ICE that we took extra precautions against ‘foreign’ workers.”  According to the recently released list of best practices during an I-9 audit, these actions may put the employer in hot water with the Office of Special Counsel (“OSC”), which is a division of the Department of Justice.

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