Last week, the United States Citizenship and Immigration Services (“USCIS”) published a correction notice in the Federal Register clarifying that the effective date of the newly revised Form I-9 begins on May 7, 2013. Earlier communications from USCIS had described the Form I-9’s effective date as being after May 7, 2013.
As we reported in our March 20, 2013 blog post, the USCIS provided a 60-day grace period during which employers may continue to use select prior versions of the Form I-9 — (Rev. 02/02/09)N and (Rev. 08/07/09)Y — to verify the employment eligibility of new hires. This recent notice clarifies that the grace period ends on May 6, 2013, and that beginning May 7, 2013, employers may not use any prior versions of the Form I-9 for purposes of employment eligibility verification.
However, employers should note that the grace period does not apply to reverification(s) of existing employees. As of March 8, 2013, employers are required to use the new Form I-9 (Rev. 03/08/13)N for any reverification of existing employees (if necessary) or for rehires.
If you have questions about the new Form I-9 or I-9 compliance issues, please contact the Bond Immigration Practice Group.