USCIS Publishes Second Draft of New Proposed Form I-9 Employment Eligibility Verification and Extends Public Comment Period

A notice published in the Federal Register on August 22, 2012 by the U.S. Citizenship and Immigration Services (USCIS) announced an extension of the public comment period on changes in a second draft of the new proposed ‘Form I-9, Employment Eligibility Verification’ that employers must complete for all newly hired employees to verify their identity and authorization to work in the United States. The notice, which has a 30-day comment period ending on September 21, 2012, is available at: The second draft of new Form I-9 is available at:!documentDetail;D=USCIS-2006-0068-0205.

According to the USCIS – the government agency that oversees lawful immigration to the United States –  the reason for the revision is that the current Form I-9 is due to expire and needs to be updated to meet agency form standards and to be more customer friendly and more clear. Proposed changes to the Form I-9 include the modifications in both the instructions and the form itself.

The USCIS previously published a notice in the Federal Register on March 27, 2012 inviting public comment on proposed initial revisions to the Form I-9. According to the August 22 notice, over 6,200 comments were received during the 60-day comment period which followed the original notice that ended on May 27, 2012. Since the response was much higher than anticipated, the 30-day extension will allow more commentary. All comments should be submitted by September 21, 2012 and may be submitted in the following ways:

  • Email comments to the Department of Homeland Security (DHS) at  and include ‘OMB Control Number 1615-0047’ in the subject box.
  • Email comments to the Federal eRulemaking Portal Web site at under ‘e-Docket ID number USCIS-2006-0068.’
  • Mail comments to the address ‘DHS, USCIS, Office of Policy and Strategy, Laura Dawkins, Chief, Regulatory Coordination Division, 20 Massachusetts Avenue NW, Washington, DC 20529’ and indicate ‘e-Docket ID number USCIS-2006-0068.’

The August 22 notice also suggests that written comments and suggestions from the public on the proposed changes to the Form I-9 should address one or more of the following four points:

  • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
  • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
  • Enhance the quality, utility, and clarity of the information to be collected; and
  • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

The new proposed Form I-9 should not be used by employers yet. The USCIS recently announced that, until further notice, employers should continue to use the current version the Form I-9, Employment Eligibility Verification (Rev. 08/07/09) even after its Office of Management and Budget (OMB) control number expiration date of August 31, 2012. The bulletin is available at: . The current Form I-9 is available at:

For information about how a Designated E-Verify Employer Agent can help employers maintain Form I-9 compliance, visit For information about background checks, visit Employment Screening Resources (ESR) – ‘The Background Check Authority’ and background screening firm accredited by the National Association of Professional Background Screeners (NAPBS) – at, call 415.898.0044, or email


About Employment Screening Resources (ESR):

Founded by safe hiring expert Attorney Les Rosen in 1997, Employment Screening Resources (ESR) – ‘The Background Check AuthoritySM’– provides accurate and actionable information that empowers employers to make informed hiring decisions for the benefit of their organizations, employees, and the public. CEO Rosen literally wrote the book on background checks with “The Safe Hiring Manual” and ESR is accredited by The National Association of Professional Background Screeners (NAPBS), a distinction held by a small percent of screening firms. Employers choosing ESR know they have selected an agency meeting the highest industry standards. To learn more, visit, call 888.999.4474, or email

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