DHS to accept comments on additional proposed changes to Form I-9

The Department of Homeland Security (DHS) has opened a second public comment period on its proposed Form I-9 revisions.

Key Points:

• DHS proposed a revised version of the Form I-9 on March 30 and opened an initial comment period that ran through May 31.
• DHS has now opened a second, 30-day comment period after proposing additional changes. The second comment period will remain open until Aug. 8.
• The current Form I-9 is scheduled to expire on Oct. 31. U.S. Citizenship and Immigration Services (USCIS) has yet to announce the date on which employers must begin using the revised version of the form.

Additional Information: The changes DHS proposed in March included:

• Condensing Sections 1 and 2 on a one-page “Main Form.”
• Designating Section 3 the “Reverification and Rehire Supplement to the Form I-9.”
• Adding information about the M-274 handbook and acceptable receipts to the “Lists of Acceptable Documents.”
• Shortening the form instructions.

DHS proposed additional changes on July 7, including updating language to clarify I-9 procedures, providing definitions to key terms such as “employer” and “employee” and incorporating some supplemental information on the form itself. Members of the public can comment on the proposal changes here.

A separate DHS proposal to update Form I-9 employment eligibility procedures is under review at the White House Office of Management and Budget (OMB). The text of this proposal is not yet available, but DHS has said it will “propose to revise employment eligibility verification regulations to allow the Secretary (of Homeland Security) to authorize alternative document examination procedures in certain circumstances or with respect to certain employers.” OMB review is the final step in the rulemaking process before publication.

BAL Analysis: BAL submitted a comment in May in support of DHS’ efforts to streamline the Form I-9 and reduce burdens on employers and employees. BAL will continue monitoring the proposed changes to the Form I-9 and will alert clients once USCIS announces when employers must begin using the new form. BAL will also monitor the progress of the employment eligibility verification rule and will provide updates as information becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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