Author: Peggy Carter-Ward, XpertHR Head of Content

The wait for the new Employment Eligibility Verification Form I-9 (Form I-9) is finally over. On March 8, 2013, the United States Citizenship and Immigration Services (USCIS) released the new version of the Form I-9 and the Department of Homeland Security published a notice in the Federal Register to inform employers of the new Form I-9.

Although employers must use the new Form I-9 immediately, the USCIS recognized that some employers need additional time to make updates to their business practices to allow for the use of the new Form I-9. As such, employers are allowed to use prior versions of the Form I-9 (Rev. 08/07/09) and (Rev. 02/02/2009) until May 7, 2013. If an employer does not use the new Form I-9 by May 7, it could be subject to all applicable penalties.

The key changes to the Form I-9 include:

  • Improved instructions;
  • A revised layout, which expands the form from one to two pages;
  • New data fields to collect the employee's email address and telephone number; and
  • New data fields to collect the foreign passport number and country of issuance.

Employers may access the new Form I-9 online by visiting the USCIS Central webpage. However, employers should be aware that according to the USCIS, the Handbook for Employers (M-274), which contains instructions for completing the Form I-9 is in the process of being updated and will not be released until next week. Until it is updated, employers should follow the instructions on the new Form I-9.

To learn more about the new Form I-9 and key immigration issues facing employers XpertHR is hosting a free webinar presented by Davis Bae of Jackson Lewis, LLP on March 20 at 3:00 p.m. Eastern Time. Register today at

Additional Resources

Recruiting and Hiring > Immigration, Form I-9 and Work Visas > Form I-9, Employment Eligibility Verification

Form I-9 and Immigration Issues and Resource Center

Verify an Employee's Eligibility for Employment During the Form I-9 Process

Dos and Don'ts Regarding the Form I-9 Process - Chart