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Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions

Introduction

In a continued effort to assist H-2A employers with preparing their agricultural job orders and applications, the Department has revised the H-2A Filing Tips to alert employers to common filing mistakes which can delay the processing of an H-2A application. The H-2A Filing Tips may be found on the H-2A program page under Factsheets and Filing Tips.

New Online Resource Provides Enhanced, Easy-to-Access Guidance for Employers and Employees

Questions and Answers

Who Needs to Complete Form I-9?

Q.  Do employers need to complete new Forms I-9 for retired employees who were originally hired before Nov. 7, 1986, and who come back to work after retiring?

Revisions include new user-friendly instructions for completing Form I-9

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today published a revised Employment Eligibility Verification Form I-9 for use. All employers are required to complete a Form I-9 for each employee hired in the United States.

Beginning May 7, 2013, employers must only use the new version Form I-9 that has revision date 03/08/13 (Rev. 03/08/13)N.  For reverification and rehires the new version of the Form I-9 (Rev. 03/08/13)N must be used.

U.S. Citizenship and Immigration Services (USCIS) reminds employers that they must use the revised Form I-9, Employment Eligibility Verification (Revision 03/08/13)N for all new hires and reverifications. All employers are required to complete and retain a Form I-9 for each employee hired to work in the United States.

The revision date of the new Form I-9 is printed on the lower left corner of the form. Employers should not complete a new Form I-9 for existing employees, however, if a properly completed Form I-9 is already on file.