Changes Coming for Form I-9 – Just Not Yet

All employers are required to complete Form I-9 for their employees to verify their identity and authorization to work in the U.S. On March 28, 2016, USCIS published a notice in the Federal Register informing the public of proposed changes to the form and providing a 30 period for comments.

The current form expired March 30, 2016, but since no updated version has been released, employers should continue to use the current form, even if USCIS has not published a notice extending its validity.

First Steps

The road to an updated Form I-9 officially began on November 24, 2015 when a notice for proposed changes appeared in the Federal Register. The 60-day public comment period ended in January. With last month’s announcement, the arrival of an updated “smart” form is coming closer.

Proposed Changes

Proposed changes to Form I-9 (many a response to public comment during the 60-day notice period) are intended to reduce technical/user error as well as to make the form easier to complete.

The changes include:

• Drop-down menus and calendars
• Validation tests on some fields
• “Help” buttons that allow users to read instructions for specific fields
• Fields where users can enter additional information. (Previously, they were required to manually add notes in the form’s margins)
• Requirement for employees completing Section 1 to provide only “other last names used” rather than “other names used”
• Requirement for employee to enter either their Form I-94 number or  foreign passport number, not both
• Real-time error messages

Comments?

If you have something to add to the conversation or are interested in reading what others have to say, find the “How to Comment” button or click on the link to read public comments located here. Otherwise, keep your eyes open for the new, “smart” Form I-9.