USCIS Releases 2nd Version of Draft Form I-9

A Federal Register notice on August 22, 2012 by the U.S. Citizenship and Immigration Services (USCIS) announced an extension of the public comment period on changes in a second draft of the new proposed ‘Form I-9, Employment Eligibility Verification’ that employers must complete for all newly hired employees to verify their identity and authorization to work in the United States. The notice provides for an additional 30-day comment period ending on September 21, 2012.

According to the USCIS the reason for the revision is that the current Form I-9 is due to expire and needs to be updated to meet agency form standards and to be more customer friendly. Proposed changes to the Form I-9 include the modifications in both the instructions and the form itself. The Agency released a Table of Changes for Form I-9 Instructions and ‘Table of Changes for FORM I-9’.

The USCIS previously published a notice in the Federal Register on March 27, 2012 inviting public comment on proposed initial revisions to the Form I-9. According to the August 22 notice, over 6,200 comments were received during the 60-day comment period which followed the original notice that ended on May 27, 2012. Since the response was much higher than anticipated, the 30-day extension will allow more commentary.

The new proposed Form I-9 should not be used by employers yet. The USCIS recently announced that, until further notice, employers should continue to use the current version the Form I-9, Employment Eligibility Verification (Rev. 08/07/09) even after its Office of Management and Budget (OMB) control number expiration date of August 31, 2012.

Published on Tuesday, September 4, 2012 (updated 05/30/2014)

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