On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) issued a new version of the Employment Eligibility Verification Form I-9. All clubs should now begin using the new version of the I-9 Form for all new hires.
The new, two-page version of the form incorporates formatting changes and improvements designed to minimize errors when filling out the form, and it also includes additional data fields. Substantive changes to the Form I-9 include:
• Section 1 of the form must be completed and signed no later than the first day of employment, but may not be completed before the employee accepts the job offer
• The form includes additional data fields for employee information including:
◦ Foreign passport information (if applicable)
◦ Telephone number
◦ E-mail address
• Aliens authorized to work may list either their Alien Registration Number/USCIS Number or their Form I-94 Admission Number
• Employers or their authorized representatives must complete Section 2 of the Form I-9 within three (3) business days of the employee’s first day of employment
• Employers or their authorized representatives must physically examine any documents used for verification, as indicated in List A or Lists B and C
• Employers must list the issuing authority of all documents used for verification
Clubs can find the new version of the Form I-9 at http://www.uscis.gov/, which they should use to verify the identity and work eligibility of all new hires.
All club HR personnel should complete the I-9 Form in the presence of the new employee, and the new employee must sign the form, under penalties of perjury, indicating that all of the information is correct.
USCIS investigates all immigration related issues through the U.S. Immigration and Customs Enforcement agency (ICE). There are costly civil penalties for knowingly hiring or continuing to employ an illegal alien, with criminal penalties for those engaged in a pattern or practice of wrongful conduct. As such, it is extremely important for all clubs to be certain they are hiring authorized and eligible employees, and these changes to Form I-9 should help in that task.
In addition, NCA recommends that all clubs take advantage of the protections provided by the E-Verify program and enroll today. E-Verify removes the guesswork during the document review process and provides immunity from government prosecution for employers who have been told that an employee is legal but who is later determined to be illegal. Enrollment is free and it takes only a few minutes to help protect your club. Please go to http://www.uscis.gov/ to join today.
However, whether or not your club uses E-Verify, please be certain to use the new Form I-9 for all hires taking place on or after March 8, 2013.
Clubs that have already filled out the previous version of the I-9 Form for new hires since the new form’s introduction do not need to submit a new form. USCIS has established a 60-day grace period for the new form’s implementation. However, after May 7, 2013, the old version of the Form I-9 will no longer be accepted. Any employers who do not use the new version of the form after May 7, 2013, will be subject to applicable penalties and fines.
For further information on these revisions to Form I-9 or if you have any questions or concerns, please feel free to contact NCA’s Vice President of Government Relations and General Counsel, Brad D. Steele, at [email protected] or at 202-822-9822.
And, as always, thank you for being a part of NCA.