Proposed Changes to Form I-9 Will Delay Release

The Department of United States Citizenship and Immigration Services (USCIS) announced on 3/28/16 that it was making further changes to the Form I-9 in response to public comments that were made during the 60-day period that the proposed changes were listed in the Federal Register. The additional changes are also listed in the Federal Register and will be open for public comment until April 27, 2016. The proposed 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, generates once the form is printed and 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 must 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

You can find the press release that USCIS put out here: https://www.uscis.gov/news/alerts/uscis-seeks-comments-proposed-changes-form-i-9-0 In the interim, employers should continue using the current version of the Form I-9 (which expires on March 31, 2016) until the new Form I-9 is issued. Once the new Form I-9 is issued, you must use that version for all new hires. We would recommend checking the I-9 Central webpage on the USCIS webpage periodically (https://www.uscis.gov/i-9-central), as the USCIS will make the announcement that the new Form I-9 has been issued on that webpage. Of course, we will advise you as soon as we hear that the new form has been published. If you have any questions about this or we can assist with any other matter, please do not hesitate to contact us.

Rosemary M. Marin Chair, Labor & Employment 

rmar@ScottHulse.com 915-546-8297

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