USCIS Plans for a New Form I-9

The latest Form I-9 just went into full effect on January 22, 2017, but there’s another Form I-9 in the works already!

USCIS planned to issue the new form by July 17th, 2017. However, the new administration put a freeze on all new regulations, so it may be delayed until September 17, 2017 or later.

Here’s what you can expect from the new release.

Why is there a new revision already?

The revision was primarily meant to address the new International Entrepreneur Rule, which was scheduled to go into effect on July 17, 2017. However, the rule is also subject to the new regulation freeze, so it may be delayed along with the new Form I-9 release.

What changes are being made?

Here’s the good news: the changes are relatively minor. They shouldn’t have a big impact on your hiring and onboarding process. Still, it is important to be aware of the changes to ensure you are compliant.

Here are the planned changes:

  • The list of acceptable documents will now allow a foreign entrepreneur to present a foreign passport and Form I-94 indicating entrepreneur parole as proof of identity and work authorization.
  • The Department of State (DOS) Form FS-240 Consular Report will be added as a new “List C” document.
  • The anti-discrimination and privacy act notices on the instructions will be revised to use the new name of the Department of Justice unit that enforces discrimination claims related to the Form I-9: “the Immigrant and Employee Rights Section (IER) in the Department of Justice’s Civil Rights Division.”

What should I do now to prepare?

Since there is uncertainty about the timing of the release, the best thing you can do is stay up-to-date on any changes. Consider marking September 17th in your calendar, and stay tuned to our newsletter or blog for updates.

If the new Form I-9 is released, you’ll want to provide all HR employees with it. If you are using an electronic Form I-9 system, you will need to ensure your vendor has updated to the new form.

There is also a chance that the International Entrepreneur Rule may be rolled back altogether, and the new Form I-9 may die with it. We’ll keep you informed of changes as they arise!