When Immigration Matters

USCIS Seeks Comment on Revised I-9 Form

Posted by Karen-Lee Pollak on Tue, Mar 27, 2012 @ 2:47 PM
 I-9, USCISToday, March 27, 2012 U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register inviting public comment on a revised Form I-9, Employment Eligibility Verification. Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States. The public is invited to comment on the revisions until May 29, 2012.

Key revisions to the form include:

  • Expanded Form I-9 instructions and a revised layout.
  • New, optionaldata fields to collect the employee’s email address and telephone number.
  • New data fields to collect the foreign passport number and country of issuance. Only aliens authorized to work in the U.S. who have also recorded their I-94 admission number on Form I-9 will need to provide the foreign passport number and country of issuance.

The public may comment on the revisions by visiting www.regulations.gov, which provides instructions on how to comment on the proposed revisions to Form I-9. The comment period runs for 60 days, beginning today and ending May 29, 2012.

The current version of Form I-9 is available on USCIS’s online I-9 resource center at www.uscis.gov/I-9central. I-9 Central includes information about employer and employee rights and responsibilities, step-by-step instructions for completing the form, and information on acceptable documents for establishing identity and employment authorization.

USCIS will post information regarding a new Form I-9 on I-9 Central once the form has been finalized.Until a new version is approved and posted, employers must continue to use the current version of the form.

Immigration | ICE I-9 Rule Allows Electronic Signatures & Storage

Posted by Michael Pollak on Thu, Aug 05, 2010 @ 9:00 AM

U.S. Immigration and Customs Enforcement (ICE) has issued a final rule, effective August 23, 2010, providing that employers and recruiters or referrers for a fee who are required to complete and retain the Employment Eligibility Verification Form (I-9) may sign the form electronically and retain it in an electronic format. The final rule makes minor changes to an interim final rule promulgated in 2006.

DHSThe final rule's supplementary information notes that the completed I-9 form is not filed with the Department of Homeland Security (DHS) but is retained by the employer, who must make it available for inspection upon a request by ICE investigators or other authorized federal officials. Employers must keep the I-9 in their own files for three years after the date of hire of the employee or one year after the date that employment is terminated, whichever is later. Recruiters or referrers for a fee must keep each I-9 for three years after the date of hire. Failure to properly complete and retain each I-9 may subject the employer or recruiter or referrer for a fee to civil money penalties.

Among other things, the final rule clarifies that:

  • Employers must complete the I-9 within three business (not calendar) days;
  • Employers may use paper, electronic systems, or a combination of paper and electronic systems;
  • Employers may change electronic storage systems as long as the systems meet the performance requirements of the regulations;
  • Employers need not retain audit trails recording each time an I-9 is electronically viewed, but only when the I-9 is created, completed, updated, modified, altered, or corrected; and
  •  Employers may provide or transmit a confirmation of an I-9 transaction, but are not required to do so unless the employee requests a copy.

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