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USCIS Seeks Comments on Proposed Changes to Form I-9

USCIS published a notice in the Federal Register on Nov. 24, 2015, to inform the public of proposed changes to Form I-9, Employment Eligibility Verification. The public may provide comments on the proposed changes for 60 days, until Jan. 25, 2016.

Many of the proposed changes to Form I-9 are intended to help  reduce technical errors and help customers complete the form on their computer after they have downloaded it from uscis.gov. For instance, the form:

  • Checks certain fields to ensure information is entered correctly;
  • Provides additional spaces to enter multiple preparers and translators;
  • Includes drop-down lists and calendars;
  • Provides instructions on the screen that users can access to complete each field;
  • Includes buttons that will allow users to access the instructions electronically, print the form and clear the form to start over;
  • Provides a dedicated area to enter additional information that employers are currently required to notate in the margins of the form; and
  • Will generate a quick-response matrix barcode, or QR code, once the form is printed and can be used to streamline audit processes.

Other proposed changes include:

  • Requiring employees to provide only other last names used in Section 1, rather than all other names used;
  • Streamlining the certification in Section 1 for certain foreign nationals; and
  • Separating the instructions from the form to bring the form in line with USCIS’ practices.

Submit a Comment

To view the proposed form and instructions, go to the Form I-9 notice at www.regulations.gov. To submit a comment, enter USCIS-2006-0068 in the search box and click the “Comment Now!” button. After completing all the necessary fields, click “Submit Comment.”

After the 60-day period

After the 60-day period ends, USCIS may make changes to the form based on comments received and will publish a second notice in the Federal Register. The public will have an additional 30 days to provide comments on proposed changes. USCIS will notify the public about these comment periods on I-9 Central.

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 the Office of Management and Budget approves the proposed version and USCIS posts it on I-9 Central.

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.

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