USCIS Tells Employers to Continue to Use Current Form I-9 Until New Version Released

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Written By ESR News Blog Editor Thomas Ahearn

The U.S. Citizenship and Immigration Services (USCIS) has published a 30-day notice in the Federal Register inviting public comment on proposed changes to the current Form I-9, Employment Eligibility Verification. The USCIS also told employers to continue to use the current Form I-9 until the new version is released even though the current Form I-9 displays “Expires 03/31/2016” in the upper right hand corner.

The public may provide comments on the proposed changes to the Form I-9 until April 27, 2016. Many of the proposed changes to the Form I-9 were designed to reduce technical errors and help customers complete the form on their. In response to the public comments USCIS received during the previous 60-day notice, USCIS has made further improvements to the proposed Form I-9. Key changes to the Form I-9 include:

  • Validations on certain fields to ensure information is entered correctly.
  • Additional spaces to enter multiple preparers and translators.
  • Drop-down lists and calendars.
  • Embedded instructions for completing each field.
  • Buttons that will allow users to access the instructions electronically, print the form and clear the form to start over.
  • A dedicated area to enter additional information that employers are currently required to notate in the margins of the form.
  • A quick-response matrix barcode, or QR code, that generates once the form is printed that can be used to streamline audit processes.
  • Requiring employees to provide only other last names used in Section 1, rather than all other names used.
  • Removing the requirement that aliens authorized to work provide both their Form I-94 number and foreign passport information in Section 1.
  • Separating instructions from the form, in keeping with USCIS practice.
  • Adding a Supplement in cases where more than one preparer or translator is used to complete Section 1.

To view the proposed Form I-9, visit https://www.regulations.gov/ and enter 1615-0047 in the search box. Open the docket folder to view the supporting documents, which include the proposed form and instructions. To submit a comment, include the agency name and the OMB Control Number 1615-0047 in your comment, then send the comment to the OMB USCIS Desk Officer at oira_submission@omb.eop.gov.

After the 30-day period ends and public comments are considered, the USCIS may make further changes to the Form I-9. The Office of Management and Budget (OMB) will review the information collection for approval. Once OMB approves the information collection, the USCIS will post the newly revised Form I-9 and form instructions on its Forms page and make the form available for use by the public.

Employers must complete the Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. Employment Screening Resources® (ESR) is a Designated E-Verify Employer Agent that helps employers with Form I-9 and E-Verify compliance to ensure that their employees are legally eligible to eligible to work in the United States. For more information about ESR, visit http://www.esrcheck.com/.

NOTE: Employment Screening Resources (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this web site is for educational purposes only.

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