New Form I-9 Released

On March 8, 2013, USCIS released a new Employment Eligibility Verification Form I-9. Employers should begin using the new Form I-9 with revision date 03/08/13 immediately for all new hires.

The revision date is on the lower left of the new form (Rev. 03/08/13)N. Employers may continue to use previously valid Forms I-9 (Rev. 08/07/09Y and 02/02/09N) for 60 days until May 7, 2013. After 05/07/13, employers must only use the new Form I-9 (Rev. 03/08/13)N. In the cases of reverification or rehires the new version of the Form I-9 (Rev. 03/08/13)N must be used. For more information, please refer to the Federal Register notice. You may obtain the new Form I-9 (Rev.03/08/13)N by visiting I-9 Central or the USCIS website.

Here are some of the changes to the I-9:

  • Form I-9 is now two pages
  • Expanded instructions
  • New fields for e-mail address, phone number and foreign passport in Section 1.

Employers are required to complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States.

E-Verify wants to hear from you! E-Verify is now collecting comments on the updated Memorandum of Understanding (MOU)

E-Verify has made changes to the MOU to clarify and update user responsibilities. If you are interested in providing feedback, visit the Federal Register where you can view a draft of the proposed MOU. Select the E-Verify access method that applies to you, read the MOU, then follow the instructions to submit comments. We would like to hear your suggestions on how improve the MOU.

If you provide feedback, indicate your user role in E-Verify, for example, an E-Verify Employer Agent or a Web Services Employer. Also, if you have a suggestion about the wording or language used, please give us the specific sentence, Article (e.g. II), section (e.g. A), and paragraph number (e.g. 3). For example:

“Dear E-Verify, I am using the Employer access method. When I read the Employer MOU I noticed in Article II.A.3 that I must shut off an employee’s E-Verify access when they leave my company.”

All comments will be considered and could be used to revise the MOU. E-Verify will summarize the comments received and respond to them when a request for approval of the new MOUs is submittedApproved to the Office of Management and Budget.

USCIS Announces Extension of EAD Expiration Date for Haiti TPS Beneficiaries

How do I determine if my employee’s expiring EAD has been automatically extended?

To determine if your employee’s expiring EAD has been automatically extended, you should:

  1. Look at the “Category” section on the expiring (or expired) EAD. If either A12 or C19 is shown, the employee is a TPS beneficiary.
  2. Look at the expiration date on the EAD. If the expiration date on the EAD is January 22, 2013, then the employee is a TPS beneficiary from Haiti and his or her EAD has been automatically extended. If a different category or expiration date is listed, then the employee is not a TPS beneficiary from Haiti, and the usual reverification rules apply.

If you determine that the employee’s EAD has been automatically extended, the employee remains authorized to work and is not required to present a new document for reverification until the extension expiration date of July 22, 2013.

How does my new employee complete Form I-9 (i.e., Employment Eligibility Verification) using an automatically extended EAD?

When a new employee presents an EAD that has been automatically extended when completing Form I-9 , the employee should complete Section 1 by:

  1. Checking “An alien authorized to work;”
  2. Writing his or her alien number (A-number) or USCIS number in the first space (the EAD or other document from DHS will have the employee’s A-number or USCIS number printed on it); and
  3. Writing the automatic extension date of July 22, 2013, in the second space.

How do I, as an employer, complete Form I-9 (i.e., Employment Eligibility Verification) using an automatically extended EAD for a new hire?

When a new employee presents an EAD that has been automatically extended when completing Form I-9, the employer should complete Section 2 by:

  1. Entering the document title, “Employment Authorization Document;”
  2. Entering the name of the issuing authority, “DHS;”
  3. Entering the document number (the A number or USCIS number); and
  4. Entering the automatically extended EAD expiration date of July 22, 2013.

After July 22, 2013, employers must reverify the employee’s employment authorization in Section 3 of Form I-9.

How do I correct my existing employee’s Form I-9 to show his EAD has been automatically extended?

If your existing employee’s EAD has been automatically extended to July 22, 2013, you and your employee will need to correct his or her previously completed Form I-9.

The employee should correct Section 1 by:

  1. Drawing a line through the expiration date in the second space;
  2. Writing July 22, 2013, above the previous date;
  3. Writing “EAD Ext.” in the margin of Section 1; and
  4. Initialing and dating the correction in the margin of Section 1.

For Section 2, if the employee previously presented an EAD with a January 22, 2013, expiration date that was recorded on Form I-9, you should:

  1. Draw a line through the EAD expiration date written in Section 2;
  2. Write July 22, 2013, above the previous date;
  3. Write “EAD Ext.” in the margin of Section 2; and
  4. Initial and date the correction in the margin of Section 2.

After July 22, 2013, when the automatic extension of EADs expires, employers must reverify the employee’s employment authorization in Section 3.

As an employer enrolled in E-Verify, how do I create an E-Verify case for a new employee who has presented an automatically extended EAD?

If you hire a new employee who presents an automatically extended EAD when completing Form I-9, when you create the E-Verify case, enter the extended date as the expiration date, which is July 22, 2013.

As an employer enrolled in E-Verify, what do I do when I receive a “Work Authorization Documents Expiring” alert for an employee with an automatically extended EAD?

You will receive a “Work Authorization Documents Expiring” case alert in E-Verify when an employee’s EAD is about to expire. Usually, this message is an alert to complete Section 3 of Form I-9 to reverify an employee’s employment authorization. For existing employees with EADs that have been automatically extended, employers should dismiss the E-Verify case alert by clicking the red “X” in the “dismiss alert” column and follow the instructions above explaining how to correct Form I-9. After July 22, 2013, you must reverify the employee’s employment authorization in Section 3 of Form I-9. You should never use the E-Verify system to reverify an employee, but should only reverify employees on Form I-9.

For more general information about TPS and Form I-9, consult the Handbook for Employers: Instructions for Completing Form I-9 (M-274). Also, feel free to reach out to your trusted advisor at Saville, Dodgen & Company for any questions you may have.

(Information Source: U.S. Citizenship and Immigration Services)

 

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