On March 8, 2013, the U.S. Citizenship and Immigration Services released a new version of Form I-9. This form should be used immediately for all new hires, although previous valid Forms I-9 can continue to be submitted for 60 days, until May 7th, 2013. Federal law requires all employers verify a potential employee’s identity and authorization for employment using Form I-9. Some of the changes to Form I-9 include an expanded page, more detailed instructions, and new fields for e-mail addresses, phone numbers, and foreign passports.
The USCIS stipulates that employers and HR professionals have “certain responsibilities” under immigration law. These responsibilities include verifying the identity and employment authorization of each employee and completing and retaining a copy of Form I-9.
These responsibilities do not allow an employer to discriminate against any individual during the hiring process, during the employee’s tenure, or when terminating the employee. An employer must accept any document an employee presents from the Lists of Acceptable Documents; discrimination in relation to Form I-9 can include a demand to see specific documents, demanding to see documents before a job offer is accepted, or refusing a document because it may expire in the future. Civil fines and criminal penalties for Form I-9 violations – including document fraud, discrimination, and knowingly hiring ineligible individuals – can include fines ranging from $110 to $16,000 and jail time.