I-9 Form Says “Expired” - What Now?

The current version of the I-9 form expired on March 31, 2016, while U.S. Citizenship and Immigration Services (USCIS) works through a proposed changes to a new “smart” I-9 and a second open comment period. Until further notice, employers are directed to keep using the expired form.

The USCIS recently published a second round of proposed changes (View Here) to the form in the Federal Register opening a 30 day public comment period.  The open comment period goes until April 27, at which point USCIS will consider comments and make further changes before sending the proposal for approval. Once approved, the new I-9 form will be available for download at www.uscis.gov.

What will be on the new “Smart” I-9 form?

California Chamber of Commerce provided members and employers a breakdown of changes. Specifically the new ‘smart’ form aims to help employers reduce technical errors for which they may be fined, including:

- Embedded instructions for completing each field.

- Buttons that will allow users to access the instructions electronically, print the form and clear the form to start over.

- Validations on certain fields to ensure information is entered correctly along with Drop-down lists for certain fields and calendars.

- A dedicated area to enter additional information that employers are currently required to notate in the margins of the form.

- A quick-response matrix barcode, or QR code, that generates once the form is printed that can be used to streamline audit processes.

- The requirement that workers provide only other last names used in Section 1, rather than all other names used.

- The removal of the requirement that immigrants authorized to work provide both their Form I-94 number and foreign passport information in Section 1.

- Separating instructions from the form. Users can access the instructions electronically; however, employers are still required to present the instructions to the employee completing the form.

- The addition of a supplement in cases where more than one preparer or translator is used to complete Section 1.

Streamline Recordkeeping and Form Updates

Once approved, the new I-9 form will be available for download at www.uscis.gov. As soon as it is published, OnePoint clients will have the new I-9 form automatically released into the HR Module. Version control and centralized record retention are primary compliance benefits of utilizing OnePoint HCM Solution. Cloud delivery ensures clients are always on the latest version release, which pushes form updates, like an I-9, to the system automatically.   Employers minimize compliance risk and stress keeping up with changes to several common HR forms.

Review Changes and Public Comment

In advance of the final release it is important to understand the new changes and be familiar with form instructions and how to complete the form.  Changes to any mandatory employment form have a far-reaching impact on all employers because a Form I-9 must be completed and stored for each employee hired to verify their identity and authorization to work in the United States.  To view the official USCIS proposed changes visit the Federal Registrar website.  Click on the “How to Comment” button for instruction to submit comment on the proposed changes.