The New Form I-9: Top 10
Things You Need To Know
Katheryn J. Thorson
BrownWinick
666 Grand Avenue, Suite 2000
Des Moines, IA 50309-2510
Telephone: 515-224-2484
Facsimile: 515-323-8584
E-mail: thorson@brownwinick.com
Form I-9 Background
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Form I-9: Employment Eligibility Verification
Issued by U.S. Citizenship & Immigration Services
Used to verify an individual’s identity & establish that an
individual is eligible to accept employment in the U.S.
Employer must ensure proper completion for each individual
they hire
Employee presents acceptable documents evidencing
identity & employment authorization
Employer keeps form on file for each individual on its payroll
Form kept for 3 years after date of hire or 1 year after
employment is terminated
New Form I-9
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Beginning March 8, 2013, revised Form I-9 (Rev. 03/08/13)
went into effective
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Available at: http://www.uscis.gov
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Revision date is printed on lower left corner of the form
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Employers do not have to complete a new revised Form I-9 if
properly completed Form I-9 is already on file.
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Only able to complete the Spanish version if in Puerto Rico
Why Update?
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Some Employers May Not Believe It Is Important:
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“It’s just a simple form.”
“There were not any substantial changes”
“We won’t get audited.”
Major Repercussions For Errors
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In 2011: 2,496 I-9 audits conducted, 221 criminal
arrests of employers, $10.4 million in fines
Fines: up $1,100 per worker for paperwork
mistakes, fine based on percent of forms with
errors and number of previous violations
The New Form I-9: Top 10
Things You Need To Know
1. Expansion of Document & New Format
 Prior Version: 1 page form in 5 page packet
 Revised Version: 2 page form in 9 page packet
 Design is different; Language changes
 Clearer separation of sections
2. Provide New Employees with Full,
Expanded I-9 Instructions
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Must receive full set of instructions
Employer may not restate or reformat the I-9
instructions
The New Form I-9: Top 10
Things You Need To Know
3. Added Place for Email Addresses &
Telephone Numbers
 Section 1
 Form does not state optional, but instructions do –
may mark “N/A”
New Form I-9: Section 1
The New Form I-9: Top 10
Things You Need To Know
4. Form I-94 Admission Number
 Section 1
 New line for admission number
 Individuals providing I-94 Admission Number may also
need to provide foreign passport number and country
of issuance information
New Form I-9: Section 1
The New Form I-9: Top 10
Things You Need To Know
5. Verification Documents
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Section 2
Reformat of acceptable documents
Added clear fields: Document Title, Issuing Authority,
Document Number & Expiration Date
Old Form I-9: Section 2
New Form I-9: Section 2
The New Form I-9: Top 10
Things You Need To Know
6. Section 2 – Three Day Rule
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Employer has three business days for completing
Section 2 based on the employer’s operations
schedule
If no business is conducted on weekends, the 3
business days does not include weekends.
If business is conducted on weekends, the 3 business
days include the weekends.
The New Form I-9: Top 10
Things You Need To Know
7. Use the new Form I-9 for reverifications
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Must use Section 3 of new, valid Form I-9 for all
reverifications
Exception: If rehiring employee within 3 years of
original I-9 form, employer may complete Section 3 of
the original I-9, even if old version
8. Expanded Instructions for Parents/Legal
Guardians for Minor or Disabled Employee
The New Form I-9: Top 10
Things You Need To Know
9. Employee Present During Examination
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Employee must be physically present when Employer
examines verification documents
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Must physically examine each original document
10. Review, Train & Update Form I-9
Policies
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Review the new Form I-9 and its instructions
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Conduct Form I-9 training for employees
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Update current Form I-9 polices to ensure compliance
Website: www.brownwinick.com
Toll Free Phone Number: 1-888-282-3515
OFFICE LOCATIONS:
666 Grand Avenue, Suite 2000
Des Moines, Iowa 50309-2510
Telephone: (515) 242-2400
Facsimile: (515) 283-0231
616 Franklin Place
Pella, Iowa 50219
Telephone: (641) 628-4513
Facsimile: (641) 628-8494
DISCLAIMER: No oral or written statement made by BrownWinick attorneys should
be interpreted by the recipient as suggesting a need to obtain legal counsel from
BrownWinick or any other firm, nor as suggesting a need to take legal action. Do not
attempt to solve individual problems upon the basis of general information provided
by any BrownWinick attorney, as slight changes in fact situations may cause a
material change in legal result.