Continue to Use Current Form I-9

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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The information provided is for informational purposes only and does not constitute legal advice. The information above contains only a summary of the applicable legal provisions and does not purport to cover every aspect of any particular law, regulation or requirement. Depending on the specific facts of any situation, there may be additional or different requirements. This is to be used only as a guide and not as a definitive description of your compliance obligations.