March 28, 2016

As many employers are aware, the expiration date on the current Form I-9 is March 31, 2016. The U.S. Citizenship and Immigration Services (USCIS) has not yet published a revised form. Employers may continue to use the current Form I-9 until further notice from the USCIS.


On March 28, 2016, the USCIS published a 30-day notice in the Federal Register inviting public comment on the proposed changes to Form I-9, Employment Eligibility Verification.


According to the USCIS, many of the proposed changes to Form I-9 were designed to reduce technical errors. Other key changes to the form include drop-down lists and calendars, embedded instructions for completing each field, requiring employees to provide only other last names used in Section 1 (rather than all other names used), and separating the instructions from the form.


The public may provide comments on the proposed changes until April 27, 2016. Employers must continue to use the current version of Form I-9 until the OMB approves the proposed version and the USCIS posts it on its website.

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