Introduction of the Revised Employment Eligibility Verification Form, 15030-15031 [2013-05327]

Download as PDF 15030 Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Notices can provide legal advice to tribal members during the pilot program. Authority: Pub. L. 113–2. W. Craig Fugate, Administrator, Federal Emergency Management Agency. [FR Doc. 2013–05391 Filed 3–7–13; 8:45 am] BILLING CODE 9111–23–P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2532–13; DHS Docket No.: USCIS– 2006–0068] Introduction of the Revised Employment Eligibility Verification Form U.S. Citizenship and Immigration Services, DHS. AGENCY: ACTION: Notice. SUMMARY: U.S. Citizenship and Immigration Services (USCIS) is announcing the newly revised Employment Eligibility Verification form, Form I–9. Employers are required to use the Form I–9 to verify the identity and employment authorization eligibility of their employees. The revisions to Form I–9 contain formatting changes and the inclusion of additional data fields. This notice contains the dates that employers should begin using the newly revised Form I–9 and announces the date that employers can no longer use prior versions of the forms. Employment Eligibility Verification form (Form I–9) with a revision date of ‘‘(Rev. 03/08/13) N’’ is available for use beginning March 8, 2013. Prior versions of Form I–9 (Rev. 08/07/09) Y and (Rev. 02/02/09) N can no longer be used by the public effective May 7, 2013. DATES: mstockstill on DSK4VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Sharon Ryan, Department of Homeland Security, U.S. Citizenship and Immigration Services, Verification Division, 131 M Street NE., Suite 200, Washington, DC 20529. For information about the employment eligibility verification process, employers can call the Verification hotline at 888–464– 4218 (877–875–6028 for TTY) and employees can call 888–897–7781 (877– 875–6028 for TTY) for further information. The public can also email Verification at I-9Central@dhs.gov. SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 18:44 Mar 07, 2013 Jkt 229001 I. Background Employers and certain agricultural recruiters and referrers for a fee (referred to collectively as ‘‘employers’’) are required to verify on Employment Eligibility Verification form (Form I–9) the employment authorization and identity of each individual they hire (or recruit or refer for a fee if applicable), for employment in the United States. Form I–9 contains three sections. The purpose of Section 1 of the form is to collect, at the time of hire identifying information about the employee (and preparer or translator if used), and for the employee to attest to whether he or she is a U.S. citizen, noncitizen national, lawful permanent resident, or alien authorized to work in the United States. The employee must also present documentation for review evidencing his or her identity and authorization to engage in this employment. The purpose of Section 2 of the form is to collect, within 3 business days of the employee’s hire, identifying information from the employer and information regarding the identity and employment authorization documentation presented by the employee and reviewed by the employer. The purpose of Section 3 of the form is to collect information regarding the continued employment authorization of the employee. This section, if applicable, is completed at the time that the employee’s employment authorization and/or employment authorization documentation recorded in either Section 1 or Section 2 of the form expires. This section may also be used if the employee is rehired within 3 years of the date of the initial execution of the form and to record a name change if Section 3 is otherwise completed. Employers are required to maintain Forms I–9 for as long as an individual works for the employer and for the required retention period for the termination of an individual’s employment [either 3 years after the date of hire or 1 year after the date employment ended, whichever is later]. Also, employers are required to make their employees’ Forms I–9 available for inspection upon request by officers of U.S. Immigration and Customs Enforcement (ICE), the Department of Justice (DOJ) Office of Special Counsel for Immigration-Related Unfair Employment Practices, and the Department of Labor. Failure of an employer to ensure proper completion and retention of Forms I–9 may subject the employer to civil money penalties, and, in some cases, criminal penalties. On March 27, 2012, USCIS published a 60-day information collection notice PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 in the Federal Register at 77 FR 18256 inviting the public to comment on USCIS’s proposed revisions to Form I– 9 and renewal request of the information collection to the Office of Management and Budget (OMB) as required by the Paperwork Reduction Act of 1995. USCIS received comments from over 6,200 commenters on the 60day notice. On August 22, 2012, USCIS published a second notice at 77 FR 50710 inviting the public to comment for a 30-day period. Thereafter, USCIS issued two correction notices. On September 10, 2012, USCIS issued a correction notice at 77 FR 55486 to inform the public that comments should be submitted to OMB. On September 14, 2012, USCIS issued a notice at 77 FR 56856, to correct the eDocket number. The comment period on the 30-day notice was extended to October 15, 2012. On March 8, 2013 OMB approved the revised Form I–9. See OMB No. 1615–0047 at www.reginfo.gov. II. Changes to Form I–9 The newly revised Form I–9 makes several improvements designed to minimize errors in form completion. The key revisions to Form I–9 include: • Adding data fields, including the employee’s foreign passport information (if applicable) and telephone and email addresses. • Improving the form’s instructions. • Revising the layout of the form, expanding the form from one to two pages (not including the form instructions and the List of Acceptable Documents). III. Use of the Revised Form I–9 In this notice, USCIS is announcing that employers should begin using Form I–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 I–9 can no longer be used by the public. The public can download the new Form I–9 at www.uscis.gov. After May 7, 2013, employers who fail to use Form I–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. Employers must use the new Form I– 9 immediately; however, USCIS recognizes that some employers may need additional time in order to make necessary updates to their business processes to allow for use of the new Form I–9. USCIS recognizes that modifications to electronic systems may E:\FR\FM\08MRN1.SGM 08MRN1 Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Notices be particularly necessary for employers utilizing electronic Forms I–9. For these reasons, USCIS is providing employers 60 days to make necessary changes. USCIS believes that the 60-day period will help alleviate the burden that immediate implementation of the newly revised Form I–9 would have imposed on employers. Note that employers do not need to complete the new Form I–9 (Rev. 03/08/ 13)N for current employees for whom there is already a properly completed Form I–9 on file, unless re-verification applies. Unnecessary verification may violate the anti-discrimination provision at section 274B of the INA, 8 U.S.C. 1324b, which is enforced by DOJ’s Office of Special Counsel for Immigration Related Unfair Employment Practices. IV. Obtaining Forms I–9 (Rev. 03/08/ 13)N Employers may access the new Form I–9 (Rev. 03/08/13)N online by visiting the USCIS Web site at www.uscis.gov. To order USCIS forms, employers can call our toll-free number at 1–800–870– 3676. The public can obtain USCIS forms and information on immigration laws, regulations and procedures by calling our National Customer Service Center at 1–800–375–5283 or by visiting USCIS’s I–9 Central Web page at www.uscis.gov/I-9Central. A Spanish-language version of the new Form I–9 is available at www.uscis.gov for use in Puerto Rico only. Alejandro N. Mayorkas, Director, U.S. Citizenship and Immigration Services. [FR Doc. 2013–05327 Filed 3–7–13; 8:45 am] BILLING CODE 9111–97–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Agency Information Collection Activities: Ship’s Store Declaration U.S. Customs and Border Protection (CBP), Department of Homeland Security. ACTION: 60-Day Notice and request for comments; Extension of an existing collection of information: 1651–0018. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: SUMMARY: As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Ship’s Stores Declaration (CBP Form 1303). VerDate Mar<15>2010 18:44 Mar 07, 2013 Jkt 229001 This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104–13). DATES: Written comments should be received on or before May 7, 2013, to be assured of consideration. ADDRESSES: Direct all written comments to U.S. Customs and Border Protection, Attn: Tracey Denning, Regulations and Rulings, Office of International Trade, 90 K Street NE., 10th Floor, Washington, DC 20229–1177. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Tracey Denning, U.S. Customs and Border Protection, Regulations and Rulings, Office of International Trade, 90 K Street NE., 10th Floor, Washington, DC 20229– 1177, at 202–325–0265. SUPPLEMENTARY INFORMATION: CBP invites the general public and other Federal agencies to comment on proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104–13). The comments should address: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimates of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden including the use of automated collection techniques or the use of other forms of information technology; and (e) the annual costs burden to respondents or record keepers from the collection of information (a total capital/startup costs and operations and maintenance costs). The comments that are submitted will be summarized and included in the CBP request for Office of Management and Budget (OMB) approval. All comments will become a matter of public record. In this document CBP is soliciting comments concerning the following information collection: Title: Ship’s Stores Declaration. OMB Number: 1651–0018. Form Number: CBP Form 1303. Abstract: CBP Form 1303, Ship’s Stores Declaration, is used by the carriers to declare articles to be retained on board the vessel, such as sea stores, ship’s stores, controlled narcotic drugs, bunker coal, or bunker oil in a format that can be readily audited and checked by CBP. The form was developed as a single international standard ship’s stores declaration form to replace the different forms used by various countries for the entrance and clearance of vessels. CBP Form 1303 collects PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 15031 information about the ship, the ports of arrival and departure, and the articles on the ship. It is pursuant to the provisions of section 432, Tariff Act of 1930 and provided for by 19 CFR 4.7, 4.7a, 4.81, 4.85, & 4.87. This form is accessible at http://forms.cbp.gov/pdf/ CBP_Form_1303.pdf. Current Actions: CBP proposes to extend the expiration date of this information collection with no change to the burden hours or to the information being collected. Type of Review: Extension (without change). Affected Public: Businesses. Estimated Number of Respondents: 8,000. Estimated Number of Responses per Respondent: 13. Estimated Number of Total Annual Responses: 104,000. Estimated Total Annual Burden Hours: 26,000. Dated: March 5, 2013. Seth Renkema, Acting Agency Clearance Officer, U.S. Customs and Border Protection. [FR Doc. 2013–05501 Filed 3–7–13; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Agency Information Collection Activities: Andean Trade Preferences Act U.S. Customs and Border Protection (CBP), Department of Homeland Security. ACTION: 60-Day notice and request for comments; Extension of an existing information collection: 1651–0091. AGENCY: SUMMARY: As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Andean Trade Preferences. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104–13; 44 U.S.C. 3505(c)(2)). DATES: Written comments should be received on or before May 7, 2013, to be assured of consideration. ADDRESSES: Direct all written comments to U.S. Customs and Border Protection, Attn: Tracey Denning, Regulations and Rulings, Office of International Trade, 90 K Street NE., 10th Floor, Washington, DC 20229–1177. FOR FURTHER INFORMATION CONTACT: Requests for additional information E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 78, Number 46 (Friday, March 8, 2013)]
[Notices]
[Pages 15030-15031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05327]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2532-13; DHS Docket No.: USCIS-2006-0068]


Introduction of the Revised Employment Eligibility Verification 
Form

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: U.S. Citizenship and Immigration Services (USCIS) is 
announcing the newly revised Employment Eligibility Verification form, 
Form I-9. Employers are required to use the Form I-9 to verify the 
identity and employment authorization eligibility of their employees. 
The revisions to Form I-9 contain formatting changes and the inclusion 
of additional data fields. This notice contains the dates that 
employers should begin using the newly revised Form I-9 and announces 
the date that employers can no longer use prior versions of the forms.

DATES: Employment Eligibility Verification form (Form I-9) with a 
revision date of ``(Rev. 03/08/13) N'' is available for use beginning 
March 8, 2013. Prior versions of Form I-9 (Rev. 08/07/09) Y and (Rev. 
02/02/09) N can no longer be used by the public effective May 7, 2013.

FOR FURTHER INFORMATION CONTACT: Sharon Ryan, Department of Homeland 
Security, U.S. Citizenship and Immigration Services, Verification 
Division, 131 M Street NE., Suite 200, Washington, DC 20529. For 
information about the employment eligibility verification process, 
employers can call the Verification hotline at 888-464-4218 (877-875-
6028 for TTY) and employees can call 888-897-7781 (877-875-6028 for 
TTY) for further information. The public can also email Verification at 
I-9Central@dhs.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Employers and certain agricultural recruiters and referrers for a 
fee (referred to collectively as ``employers'') are required to verify 
on Employment Eligibility Verification form (Form I-9) the employment 
authorization and identity of each individual they hire (or recruit or 
refer for a fee if applicable), for employment in the United States.
    Form I-9 contains three sections. The purpose of Section 1 of the 
form is to collect, at the time of hire identifying information about 
the employee (and preparer or translator if used), and for the employee 
to attest to whether he or she is a U.S. citizen, noncitizen national, 
lawful permanent resident, or alien authorized to work in the United 
States. The employee must also present documentation for review 
evidencing his or her identity and authorization to engage in this 
employment. The purpose of Section 2 of the form is to collect, within 
3 business days of the employee's hire, identifying information from 
the employer and information regarding the identity and employment 
authorization documentation presented by the employee and reviewed by 
the employer. The purpose of Section 3 of the form is to collect 
information regarding the continued employment authorization of the 
employee. This section, if applicable, is completed at the time that 
the employee's employment authorization and/or employment authorization 
documentation recorded in either Section 1 or Section 2 of the form 
expires. This section may also be used if the employee is rehired 
within 3 years of the date of the initial execution of the form and to 
record a name change if Section 3 is otherwise completed.
    Employers are required to maintain Forms I-9 for as long as an 
individual works for the employer and for the required retention period 
for the termination of an individual's employment [either 3 years after 
the date of hire or 1 year after the date employment ended, whichever 
is later]. Also, employers are required to make their employees' Forms 
I-9 available for inspection upon request by officers of U.S. 
Immigration and Customs Enforcement (ICE), the Department of Justice 
(DOJ) Office of Special Counsel for Immigration-Related Unfair 
Employment Practices, and the Department of Labor. Failure of an 
employer to ensure proper completion and retention of Forms I-9 may 
subject the employer to civil money penalties, and, in some cases, 
criminal penalties.
    On March 27, 2012, USCIS published a 60-day information collection 
notice in the Federal Register at 77 FR 18256 inviting the public to 
comment on USCIS's proposed revisions to Form I-9 and renewal request 
of the information collection to the Office of Management and Budget 
(OMB) as required by the Paperwork Reduction Act of 1995. USCIS 
received comments from over 6,200 commenters on the 60-day notice. On 
August 22, 2012, USCIS published a second notice at 77 FR 50710 
inviting the public to comment for a 30-day period. Thereafter, USCIS 
issued two correction notices. On September 10, 2012, USCIS issued a 
correction notice at 77 FR 55486 to inform the public that comments 
should be submitted to OMB. On September 14, 2012, USCIS issued a 
notice at 77 FR 56856, to correct the eDocket number. The comment 
period on the 30-day notice was extended to October 15, 2012. On March 
8, 2013 OMB approved the revised Form I-9. See OMB No. 1615-0047 at 
www.reginfo.gov.

II. Changes to Form I-9

    The newly revised Form I-9 makes several improvements designed to 
minimize errors in form completion. The key revisions to Form I-9 
include:
     Adding data fields, including the employee's foreign 
passport information (if applicable) and telephone and email addresses.
     Improving the form's instructions.
     Revising the layout of the form, expanding the form from 
one to two pages (not including the form instructions and the List of 
Acceptable Documents).

III. Use of the Revised Form I-9

    In this notice, USCIS is announcing that employers should begin 
using Form I-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 I-9 can no longer be 
used by the public. The public can download the new Form I-9 at 
www.uscis.gov. After May 7, 2013, employers who fail to use Form I-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.
    Employers must use the new Form I-9 immediately; however, USCIS 
recognizes that some employers may need additional time in order to 
make necessary updates to their business processes to allow for use of 
the new Form I-9. USCIS recognizes that modifications to electronic 
systems may

[[Page 15031]]

be particularly necessary for employers utilizing electronic Forms I-9. 
For these reasons, USCIS is providing employers 60 days to make 
necessary changes. USCIS believes that the 60-day period will help 
alleviate the burden that immediate implementation of the newly revised 
Form I-9 would have imposed on employers.
    Note that employers do not need to complete the new Form I-9 (Rev. 
03/08/13)N for current employees for whom there is already a properly 
completed Form I-9 on file, unless re-verification applies. Unnecessary 
verification may violate the anti-discrimination provision at section 
274B of the INA, 8 U.S.C. 1324b, which is enforced by DOJ's Office of 
Special Counsel for Immigration Related Unfair Employment Practices.

IV. Obtaining Forms I-9 (Rev. 03/08/13)N

    Employers may access the new Form I-9 (Rev. 03/08/13)N online by 
visiting the USCIS Web site at www.uscis.gov. To order USCIS forms, 
employers can call our toll-free number at 1-800-870-3676. The public 
can obtain USCIS forms and information on immigration laws, regulations 
and procedures by calling our National Customer Service Center at 1-
800-375-5283 or by visiting USCIS's I-9 Central Web page at 
www.uscis.gov/I-9Central.
    A Spanish-language version of the new Form I-9 is available at 
www.uscis.gov for use in Puerto Rico only.

Alejandro N. Mayorkas,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. 2013-05327 Filed 3-7-13; 8:45 am]
BILLING CODE 9111-97-P