USCIS Proposes Changes To The Form I-9

On November 24, 2015, the United States Citizenship and Immigration Services (“USCIS”) published a notice in the Federal Register to inform the public of proposed changes to the Form I-9. The notice allows the public a 60 day period to comment on the proposed changes. 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. Many of the proposed changes are designed to help reduce technical errors and help employers complete the Form I-9 on their computer after they have downloaded it from USCIS’s website. For example, the new form would: ∙ Check certain fields to ensure information is entered correctly; ∙ Provide additional spaces to enter multiple prepares and translators; ∙ Include drop down lists and calendars; ∙ Provide instructions on the screen that users can access to complete each field; ∙ Include buttons that will allow users to access the instructions electronically, print the form and clear the form to start over; and ∙ Will generate a quick-response matrix barcode or QR code, once the form is printed and can be used to streamline the audit processes. Other proposed changes include: ∙ Requiring employees to provide only 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. When finalized, this will be the 12th revision of the Form I-9, with the last revision having occurred in March, 2013 which represented a major substantive revision of the Form I-9.
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