On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) announced the revised Employment Eligibility Verification, Form I-9, and published a notice in the Federal Register.

In the initial announcement, USCIS described when employers can no longer use prior versions of Form I-9. USCIS incorrectly described the effective date as being after May 7, 2013.

USCIS published a correction notice in the Federal Register. This notice corrects the error and clarifies that beginning May 7, 2013, employers may no longer use prior versions of the Form I-9.

As HRInformant previously reported, U.S. Citizenship and Immigration Services (USCIS) recently revised the Form I-9. The USCIS also publishes a handbook with useful information for employers to assist them in completing the Form I-9.

The USCIS updated the Handbook for Employers, Guidance for Completing the Form I-9 (M-274) to include information about the revised Form I-9. 

According to the USCIS, helpful new images have been added to the Handbookto illustrate how employees and employers can complete Sections 1-3 of the new form. The Handbook also contains updated guidance on recording changes of name and other identity information.

The federal government is increasingly cracking down on employers who fail to verify employment eligibility, as required by law.

U.S. Immigration and Customs Enforcement (ICE) audited more companies for illegal immigrants in 2012 than ever before. Audits of employer I-9 forms increased to more than 3,000 in 2012 from 250 in 2007. 

ICE also continues to collect more fines and penalties. From 2009 to 2012, the total amount of fines grew from $1,000,000 to nearly $13,000,000. 

ICE audits are expected to grow; immigration enforcement efforts focused on employers are one of the agency’s top priorities. Employers are required by law to verify the employee eligibility of all hires and complete a Form I-9. 

ICE agents can conduct audits and can compel employers to produce I-9 forms so the forms can be inspected for compliance. Employers determined to have knowingly hired or continuing to employ unauthorized workers will be required to cease unlawful activity, may be fined and, in certain situations, may be prosecuted. 

For information on complying with Form I-9 requirements, sign-up for HR That Works. 

The United States Citizenship and Immigration Services states that employers should continue using the current Form I-9 until further notice. This form has a control number expiration date of August 31, 2012, but this form should continue to be used even after August 31, 2012 has passed.