“What’s an Employer to Do”?
The U.S. Citizenship and Immigration Services (USCIS) periodically revises the Form I-9 and has previously made it clear that employers must use a current version of that form. However, the current Form I-9 that is found on the USCIS’s website was last updated July 2017 and has an expiration date of August 31, 2019. Now that this date is coming up soon, this raises a couple of interesting questions: One, when will the USCIS issue a new Form I-9? And, two, what are employers to do in the meantime?
When is a new Form I-9 coming?
At this juncture, the answer to this question is not entirely clear. We are currently waiting on the USCIS to publish notice that will provide an update and explain if there will be any certain revisions to the Form I-9. These proposed revisions are largely designed to reduce technical errors and help users complete the form on their computers after downloading it from the USCIS’s website.
After that, the USCIS could make additional changes and the Office of Management and Budget (OMB) must then give its approval. The final revised Form I-9, and its accompanying instructions, will then be posted on the USCIS’s website. At that point, employers will be required to utilize the updated form. It’s not exactly clear when this occur, but employers should keep their ear to the ground.
What are employers to do in the meantime?
Until further instruction, employers should continue using the version of the Form I-9 now on its website, even though that form bears an expiration date that will be coming up soon.
Stand by more to come . . . .