USCIS issued a revised I-9 Form that is mandated for use as of May 7. Here is an overview of the changes and what you need to know.

1. I-9 Form Revisions & The May 7th
Mandate
May 1, 2013

2. Overview
• What’s New
• About the Form
• Three Key Changes
• Civil Fines and Criminal Penalties
• Form Availability & Information
• Retain & Store
• Other Things to Know
• How Serotte Law Can Help

3. What’s New
• USCIS introduced a new I-9 Form on March 8th
• The form was optional to use until May 7th, at
which time using the new form is mandated
• USCIS gave companies a 60 day grace period
before the mandate to allow them to update
processes and procedures
• The form used as of May 7th must show “Rev.
03/08/13 N”

4. What’s New
Revisions
are
highlighted.

5. About the Form
• Form I-9 is the core of E-Verify. E-Verify is an Internet-based
system that compares information from the I-9 to government
records to confirm that an employee is authorized to work in
the U.S.
Form I-9 E-Verify
Is mandatory Is voluntary for most businesses
Requires a Social Security number Requires a Social Security number
Does not require a photo on identity
documents (List B from the instructions)
Requires a photo on identity documents
(List B from the instructions)
Must be used to re-verify expired
employment authorization
MAY NOT be used to re-verify expired
employment authorization

6. Three Key Form Changes
• The main changes to the newly revised I-9
Form are:
– additional data fields, including: the employee's
foreign passport information (if applicable), telephone
number, and email address
– improved instructions
– and a revised layout that expands the form to two
pages instead of one, not counting the instructions
and list of acceptable documents

7. Civil Fines for Form I-9 Violations
Civil
Violations
First Offense Second Offense Third Offense
Minimum Maximum Minimum Maximum Minimum Maximum
Hiring or
employing a
person not
authorized to
work in the US
$375 for each
worker.
$3,200 for each
worker.
$3,200 for each
worker.
$6,500 for each
worker.
$4,300 for each
worker.
$16,000 for
each worker.
Not complying
with I-9 req’s
$110 for each
form.
$1,100 for each
form.
$110 for each
form.
$1,100 for each
form.
$110 for each
form.
$1,100 for each
form.
Document
fraud
$375 for each
worker.
$3,200 for each
worker.
$3,200 for each
worker.
$6,500 for each
worker.
$3,200 for each
worker.
$6,500 for each
worker.
Document
abuse.
$110 per
violation.
$1,100 per
violation.
$110 per
violation.
$1,100 per
violation.
$110 per
violation.
$1,100 per
violation.
Discrimination
in hiring, firing,
etc.
$375 per
violation.
$3,200 per
violation.
$3,200 per
violation.
$6,500 per
violation.
$4,300 per
violation.
$16,000 per
violation.

8. Criminal Penalties for Form I-9 Violations
Criminal
Violations
First Offense Second Offense Third Offense
Engaging in
hiring,
recruiting or
referring for a
fee
unauthorized
aliens.
•Up to $3,000 for each
unauthorized alien.
•Up to 6 months in
prison for the entire
pattern or practice.
•Up to $3,000 for each
unauthorized alien.
•Up to 6 months in prison
for the entire pattern or
practice.
•Up to $3,000 for each
unauthorized alien.
•Up to 6 months in prison
for the entire pattern or
practice.

9. Form Availability & Information
• The new form will be available on USCIS's
website at http://www.uscis.gov/I-9Central
• Employers also can obtain forms by calling
1-800-870-3676
• More information about the I-9 process is
available through the USCIS's National
Customer Service Center at 1-800-375-5283

10. Form Retention
• According to USCIS, employers must
maintain I-9 forms for their employees:
– as long as they work for the employer
– and for the required retention period after the
end of employment:
• which is either three years after the date of hire
• or one year after the date employment ended
(whichever is later)

11. Storing Form I-9
• Employers must make I-9 forms available for inspection by
Immigration and Customs Enforcement, the Department of
Justice, and the Department of Labor .
• Maintain I-9 Forms and supporting documents in a secure
location and make them readily available for inspection. For
example:
– On-site
– At an off-site storage facility
– With personnel records
– Separate from personnel records
– In a single format or a combination of formats
• Paper, microfilm or microfiche, electronic (ex. PDF)

12. Other Things to Know
• The revised I-9 does not need to be completed for
existing employees with an I-9 on file
• Only if employment eligibility needs to be re-
verified does the form need to be completed again
• USCIS cautioned that unnecessarily re-verifying
employment eligibility could violate the anti-
discrimination provision of the Immigration and
Nationality Act
• A Spanish version of the revised form is available
on the USCIS website for use in Puerto Rico only

13. How Serotte Law Can Help
• We are available to answer any questions you
may have regarding the I-9 Form
• Please contact us if you would like:
– to review the new I-9 Form and requirements via a 15
minute Skype or phone call
– an expanded version of this PowerPoint
clange@serottelaw.com
or 716-881-2600