(ARCHIVE) Primary Solution: New I-9 Format Requirements USCIS in March 2013 (Doc ID 1536338.1)

Last updated on SEPTEMBER 22, 2023

Applies to:

Symptoms

ISSUE#1

U.S. Citizenship and Immigration Services (USCIS) published a new Form  I-9, Employment Eligibility Verification in March 2013. The form is available for immediate use by employers. Employers who need to make necessary updates to their business processes to allow for use of the new Form I-9 may continue to use other previously accepted revisions (Rev.02/02/09)N and (Rev. 08/07/09)Y until May 7, 2013 date. After May 7, 2013, all employers must use the revised Form I-9 for each new employee hired in the United States.
 
The revised Form I-9 has several new features, including new fields and a new format to reduce errors. The instructions to the form also more clearly describe the information employees and employers must provide in each section.

 ISSUE#2

If an employee is a student or exchange visitor who presented a foreign passport with a Form I-94, the employee should also enter in Section 2:
a.   The student’s Form I-20 or DS-2019 number (Student and Exchange Visitor Information System –SEVIS Number): and the program end date from Form I-20 or DS-2019.
The current delivered I-9 form does not include either of these forms in the drop down as documents associates can select to verify eligibility.

ISSUE#3

The I-9 was revised by USCIS on March 8, 2013 and provided by Oracle as a bug fix on 4/30/2013.  New pages and templates work fine, but all historical records (prior to 3/8/2013) are not displayed in the old USCIS format when their page or pdf is brought up.  Human Resources is very concerned that when an I-9 is displayed for someone who completed it prior to 3/8/2013, there are blank fields because the 3/8/2013 I9 has new fields on it.

ISSUE#4

Section 1 of the I-9 form should not pre-populate any employee data.  This is a violation of compliance as the employer is completing this on behalf on the employee.

This finding from the American Immigration Lawyers Association (AILA) website is advising that there is significant legal risk with pre-populating data into the I9 form. The data in question is Employee Name, Address, SSN, Phone Number, etc. 

 Practice Alert: Pre-population of Section 1 by Electronic I-9 Programs Is Prohibited On April 11, 2013, the AILA Verification and Documentation Liaison Committee held a meeting with officials from the ICE HSI Worksite Enforcement Unit. One of the issues discussed was the pre-population of employee information in Section 1 of the I-9 form by electronic I-9 programs. This is an important issue for many employers who use electronic I-9 systems. Many electronic I-9 systems are integrated with other HR systems and seek to create efficiencies in the hiring process by pre-populating employee information in Section 1 from data in the employer’s on-boarding intake program.

In what we believe is a fairly significant change in the agency’s position on this issue, ICE stated that pre-population of Section 1 is not permissible, regardless of whether the preparer/translator section is completed and regardless of whether the individual employee provided the original information that is pre-populated.

Based on these statements, employers should be aware that an electronic I-9 program that involves pre-population of employee information in Section 1 carries significant legal risk. The agency’s position applies to an employer’s existing and future electronic I-9s.

Will Oracle be making changes to the I-9 form to ensure compliance ?

Cause

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