USCIS Seeks Comments on Proposed Changes to Form I-9

On March 28, 2016, USCIS published a 30-day notice in the Federal Register (FR) inviting public comment on proposed changes to Form I-9, Employment Eligibility Verification (PDF, 726.73 KB).

The public may provide comments on the proposed changes for 30 days, until April 27, 2016. Employers must continue to use the current version of Form I-9 until the Office of Management and Budget approves the proposed version and USCIS posts it on its website.

Many of the proposed changes to Form I-9 were designed to reduce technical errors and help customers complete the form on their computer after they have downloaded it from uscis.gov. In response to the public comments USCIS received during the 60-day notice, USCIS has made further improvements to the proposed form.

Key changes to the form 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

Submit a Comment

To view the proposed form and instructions and submit a comment, go to https://www.regulations.gov/ and enter 1615-0047 in the search box. Open the docket folder to view the supporting documents, which include the proposed form and instructions. To submit a comment, include the agency name and the OMB Control Number 1615-0047 in your comment, then send the comment to the OMB USCIS Desk Officer at oira_submission@omb.eop.gov. You may also submit comments via fax at (202) 395-5806 (This is not a toll-free number).

After the 30-Day Comment Period

After the 30-day comment period ends and public comments are considered, USCIS may make further changes to Form I-9.The Office of Management and Budget (OMB) will review the information collection for approval. Once OMB approves the information collection, USCIS will post the newly revised form and form instructions on its Forms Web page and make the form available for use by the public.

Which Form Should I Use?

Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The current version of Form I-9 is available on USCIS’ online I-9 resource center at www.uscis.gov/I-9central. Employers must continue to use the current version of Form I-9 until OMB approves the proposed version and USCIS posts it on its website.

I-9 Central includes information about employer and employee rights and responsibilities, step-by-step instructions for completing the form, and information on acceptable documents for establishing identity and employment authorization. Subscribe to I-9 Central to receive updates and alerts.