USCIS published a 30-day notice in the Federal Register extending public comment on proposed changes to the Form I-9. You may 
provide comments on the proposed changes for 30 days, until April 27, 2016.

What You Need to Know

In the upper right hand corner of the current version of the Form I-9 the text “Expires 03/31/2016” appears. Does this mean that the current version of the Form I-9 will no longer be valid after March 31, 2016?

The current version of the form will continue to be valid until USCIS posts a new version of the Form I-9 on its website. In the announcement posted on March 28, USCIS confirmed that employers must continue to use the current version of the Form I-9 until the new version is released. This means that employers should continue to use the Form I-9 version that was released on March 8, 2013, even though that version displays “Expires 03/31/2016” in the upper right hand corner.

When will the new Form I-9 be released?

This is still an open question. Any changes to the Form I-9 will not take effect until USCIS releases a new version. At this time, USCIS has not stated when they expect to release the new version, but we believe that it will be sometime in 2016. We won’t have a precise date until USCIS notifies the public. We will notify our readers as soon as USCIS makes its announcement.

How long will employers have before they must adopt a new version of the Form I-9 after its release?

This is also an open question. In the recent past, USCIS has allowed employers to continue to use the previous version of the Form I-9 for at least 60 days after releasing a new version. For example, USCIS released the current version of the Form I-9 on March 8, 2013. USCIS allowed employers to use the previous version of the Form I-9 until May 7, 2013. We expect that USCIS will implement a similar adoption timeline and will notify our readers as soon as an announcement takes place.

For more information on the proposed changes and what they may mean to your process see our January post.

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