The NEW Proposed Two-Page Form I-9 with highlighted changes (see table of changes below). Click to enlarge.

As previously reported, on March 27, 2012, USCIS revealed an initial draft of a new Form I-9 for public review and comment. This first version was remarkably different than the current from. In addition to several new fields and an updated layout, most notably the form doubled in size going from one to two pages.

Reportedly, USCIS received of over 6,200 comments and suggestions on the initial draft, and recently USCIS published an updated version of the new Form I-9 with instructions that includes several changes to the first draft published back in May (see below). You can find more information about the newly proposed revisions to the Form I-9 here.

The new proposed Form I-9 is not yet effective, and employers should continue to use the current Form I-9, with a revision date of 08/07/09, until further notice.

USCIS welcomes your feedback on the new proposed two-page Form I-9. All comments should be submitted no later than  September 21, 2012 in order to ensure that they will be considered.

There are several ways to submit your public comments.

• Submit your comment online at www.regulations.gov. Remember to indicate the e-Docket ID number “USCIS-2006-0068” in your comments.
• Send an Email to uscisfrcomment@dhs.gov. Remember to include  “OMB Control Number 1615-0047” in the email subject line.
• Mail your comment to the address below. Please be sure to indicate “e-Docket ID USCIS-2006-0068.”

DHS, USCIS, Office of Policy and Strategy
Laura Dawkins, Chief, Regulatory Coordination Division
20 Massachusetts Avenue NW
Washington DC 20529

PROPOSED CHANGES TO FORM I-9

Section 1

1. Last and First Name Fields: The form now shows “Last Name (Family Name)” and “First Name (Given Name)”, rather than the reverse.

2. Maiden Name is now called “Other Names Used (if any)”. Per the instructions, “Provide all other names used, if any (including your maiden name).  Write N/A if you’ve not had other legal names.

3. Address – Must be a US address, except for border commuters from Canada and Mexico.

4. The Social Security Number boxes are now formatted to fit the requisite 9 digits.

5. Email Address and Telephone Number – New fields.  Optional, per the instructions, but not marked as such on the form.

6. A-Number vs. USCIS Number: The instructions note that the “USCIS number is the same as the A-number without the “A” prefix. Another clarification: Foreigners authorized to work can provide either the A-Number/USCIS Number OR the Form I-94 number.

7. Form I-94 Admission Number: find the admission number on Form I-94 or “as directed by U.S. Customs and Border Protection in connection with your arrival in the United States.”  – leaving room for future procedural changes.

8. Barcode: – A space for a 3-D Barcode has been added to page 1 and 2, along with   “Do not write in this space.” As of the time of this post, the purpose of the barcode is unknown.

9. The form now has two “Stop Sign” icons at the bottom of page 1, instead of “Go to Next page.”  This is to prevent employees from accidentally completing section 2.

Section 2

10. Includes words to make it clearer that an “Authorized Representative,” such as designated agent or notary, can act in an agent capacity in completing Section 2.

11. Moved the employee name fields (Last, First, and Middle initial) underneath the Section 2 heading and added the words “from Section 1” indicating that it is acceptable for the employer to enter this data.

12 Added new fields for the document title and issuing authority of second and third list A documents which often pertain to foreign employees with certain document types.

Section 3 and List of Acceptable Documents

Minor changes only, mostly related to formatting and clarification of the “Social Security Account Number card” restrictions.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

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