USCIS proposes new Form I-9, will accept comments through May 31

U.S. Citizenship and Immigration Services (USCIS) has proposed a new version of the Form I-9, aiming to streamline the verification of employment eligibility.

Key Points:

• USCIS published its proposal for an updated version of the Form I-9 in the Federal Register today. The agency will accept comments on the proposal until May 31 and will review the comments before finalizing a new form.
• The current form is scheduled to expire on Oct. 31. USCIS will announce the date employers are required to begin using the new version of the form.
• USCIS estimates that the proposed changes will reduce the time required to complete the form from 35 to 34 minutes if completing on paper, and 26 to 25 minutes if completing electronically. These estimates include the time required to review instructions and complete and retain the form.
• The proposed changes to the form include:
  • 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 from 15 pages to seven.
• The proposed form, instructions and tables explaining the changes are available here. Officials also posted updated information on the e-Verify website here.

Additional Information: BAL will follow developments related to the proposed new Form I-9. Besides the changes described above, DHS has indicated it plans to publish a notice of proposed rulemaking to provide an optional alternative to physical examination for certain employers. Temporary measures that allow for remote document verification in some cases remain in effect through April 30. BAL has urged USCIS to modernize the I-9 process. This week, BAL attorneys discussed upcoming I-9 changes at the SHRM Employment Law & Compliance Conference in a panel called “Form I-9 & E-Verify Compliance: What’s in Store for Employers in 2022.” More information is available here.

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

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