On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) released a new Form I-9 for verifying employment eligibility. All employers are required to complete a Form I-9 to verify the employee’s identity and eligibility to work in the United States.

After an initial grace period during which employers could use either the new or old Form I-9, use of the new form will be mandatory as of May 7, 2013. It is important that employers use the new Form I-9 because it contains a number of important changes from the previous form. Continued use of the old form could subject employers to fines of $110 to $935 per instance depending on non-compliance rate, and repeated offenses could result in higher fines.

The new Form I-9 and instructions for completing it are available here. Employers are reminded that the form must be completed by the first day of employment. However, employers are cautioned not to have a Form I-9 completed prior to the offer or acceptance of a job because such a practice could be viewed as possible evidence of discriminatory pre-screening of job applicants.

If you have any questions regarding this issue, please contact Warren J. Higgins at (213) 621-0827 or whiggins@hillfarrer.com, or any other member of the Firm’s Labor and Employment Department.