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Wednesday, April 24, 2013


By: Tommy Eden, Constangy, Brooks & Smith, LLP

As we have previously reported, on March 8, 2013, the US Citizenship and Immigration Services (USCIS) issued a new two page Form I-9 and updated 70 page Handbook for Employers M-246 making significant changes to the Form and guidance regarding its completion. An Immigration Dispatch regarding this new Form was previously sent to clients by Constangy.

On April 9, 2013, USCIS eliminated some ambiguity in its initial Notice by clarifying that the new Form I-9 must be used as of May 7, 2013, not May 8, 2013. [Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]. The Federal Register Notice included this warning to all employers:

“In this notice, USCIS is announcing that employers should begin using Form 1-9 with a revision date of (Rev. 03/08/13)N" to comply with their employment eligibility verification responsibilities. The revision date is located in the bottom right-hand corner of the form.

After May 7, 2013, all prior versions of Form 1-9 can no longer be used by the public. The public can download the new Form 1-9 at After May 7, 2013, employers who fail to use Form 1-9 (Rev. 03/08/13)N may be subject to all applicable penalties under section 274A of the INA, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE) and DOJ.”

On April 4, 2013, Constangy Attorneys Tommy Eden, Will Krasnow and Sul Kim presented a Webinar for a specific industry group on the new Form I-9 entitled “Untangling the New Form I-9.” Penni Bradshaw was also involved in the preparation of these guidance materials. We now want to make the link to this recorded webinar available to all Firm clients and friends.

Link to Constangy, Brooks & Smith, LLP April 4 Recorder Webinar – Untangling the New Form I-9

Tommy Eden is an attorney with Constangy, Brooks & Smith, LLP, member of the ABA Section of Labor and Employment Law, East Alabama SHRM Board of Directors Tommy can be contacted at or 334-246-2901.