For those employers anxiously awaiting the “new” Form I-9 (the Employment Eligibility Verification Form) the wait continues but we are getting closer. On August 25th the Office of Management and Budget (OMB) cleared the revised Form I-9. For now, employers should continue to use the Form I-9 on U.S. Citizenship and Immigration Services (USCIS) website with the expiration date of 3/31/16 listed on the top right hand corner. Per information on the USCIS website, employers are to continue using this version of the Form I-9 until the new and revised version is posted. Remember, all U.S. based employers must complete a Form I-9 for any new hire within three business days of hire.
When will the new and revised Form I-9 be available to the public? Later this year. According to the OMB clearance notice, USCIS has 90 days from August 25th to post the new version of the Form I-9 (along with the instructions on completing the form) on its website. Employers are provided a 150 day grace period to continue using the current version of the Form I-9.
The new and revised Form I-9 will feature some new bells and whistles, including for instance more instructions, a requirement to confirm whether a preparer or translator was used to complete the Form I-9, a QR code presumably to be used by Immigration and Customs Enforcement during audits, and some “smart” features to assist in completing the Form I-9 but only if completing it in PDF format.