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Update on Deferred Action for Childhood Arrivals (DACA)

New Form I-9, Employment Eligibility Verification, Must Be Used Starting May 7, 2013

USCIS has revised its Form I-9, Employment Eligibility Verification, the form that all employers are required to complete for each employee hired in the United States. While the new form can be used now, it must be used as of May 7, 2013 — and employers can be fined for failing to use it.


Baseball cap with H1B textThe new form is two pages instead of one, includes new fields, and has been reformatted. Changes to the I-9 are geared toward clarifying and providing additional guidance to employers and employees about the I-9 process. USCIS hopes that clearer instructions will help employees and employers avoid making inadvertent errors that can be serious.


Employers who have previously completed an I-9 for current employees should not complete a new Form I-9, but the new form should be used for revalidation. (Unnecessary re-verification can violate the applicable anti-discrimination provisions of the immigration laws.)


USCIS also announced changes to the associated M-274, “Handbook for Employers, Guidance for Completing the Form I-9.”  It includes information about the new I-9 and explains how to complete the new form.  The new I-9 form and M-274 handbook are available at


Employers would be wise to commence using the new form now.

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