Today the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) confirmed that employers should continue using the current edition of the Form I-9, Employment Eligibility Verification until further notice, despite the date of expiration noted on the form of March 31, 2016.  Per USCIS, this current version of the form continues to be effective even after the Office of Management and Budget control number expiration date of March 31, 2016, has passed. USCIS will provide updated information about the new version of Form I-9 as it becomes available.

This announcement follows USCIS’s March 28, 2016, Federal Register notice announcing a 30-day period for the public to comment on its proposed changes to the I-9 Form.  Comments will be accepted until April 27, 2016.
You may recall that last fall (on November 24, 2015), USCIS published a notice of its proposed changes to the I-9 form in the Federal Register, with a 60-day public comment period.  The recently announced 30-day comment period enables further input from the public after USCIS incorporated proposed changes to the form based on remarks received from the public during the 60-day comment period.
USCIS has stated that a goal is to improve the I-9 form in an effort to reduce the number of technical errors, and listed the following as key proposed changes:
  • 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.After the comment period ends, USCIS has indicated that additional changes may be made before the new Form I-9 ultimately is made available for use by the public.
___________________________
Alka Bahal is a Partner and the Co-Chair of the Corporate Immigration Practice of Fox Rothschild LLP. Alka is situated in Fox Rothschild’s Roseland, New Jersey office though she practices throughout the United States and at Consulates worldwide. You can reach Alka at (973) 994-7800 or abahal@foxrothschild.com.
Catherine Wadhwani is a Partner in Fox Rothschild LLP’s Immigration Practice Group. Catherine is situated in Fox Rothschild’s Pittsburgh, Pennsylvania office though she practices throughout the United States and at Consulates worldwide.  You can reach Catherine at (412) 394-5540 or cwadhwani@foxrothschild.com.