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Direct from USCIS:
"USCIS published a notice in the Federal Register on Nov. 24, 2015, to inform the public of proposed changes to Form I-9, Employment Eligibility Verification. The public may provide comments on the proposed changes for 60 days, until Jan. 25, 2015.
Many of the proposed changes to Form I-9 are intended to help reduce technical errors and help customers complete the form on their computer after they have downloaded it from uscis.gov. For instance, the form:
- Checks certain fields to ensure information is entered correctly;
- Provides additional spaces to enter multiple preparers and translators;
- Includes drop-down lists and calendars;
- Provides instructions on the screen that users can access to complete each field;
- Includes buttons that will allow users to access the instructions electronically, print the form and clear the form to start over;
- Provides a dedicated area to enter additional information that employers are currently required to notate in the margins of the form; and
- Will generate a quick-response matrix barcode, or QR code, once the form is printed and can be used to streamline audit processes.
- Requiring employees to provide only other last names used in Section 1, rather than all other names used;
- Streamlining the certification in Section 1 for certain foreign nationals; and
- Separating the instructions from the form to bring the form in line with USCIS’ practices.
Submit a Comment
To view the proposed form and instructions, go to the Form I-9 notice at www.regulations.gov. To submit a comment, enter USCIS-2006-0068 in the search box and click the “Comment Now!” button. After completing all the necessary fields, click “Submit Comment.”
After the 60-day period
After the 60-day period ends, USCIS may make changes to the form based on comments received and will publish a second notice in the Federal Register. The public will have an additional 30 days to provide comments on proposed changes. USCIS will notify the public about these comment periods on I-9 Central.
Which Form Should I Use?
Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The current version of Form I-9 is available on USCIS’ online I-9 resource center at www.uscis.gov/I-9central. Employers must continue to use the current version of Form I-9 until the Office of Management and Budget approves the proposed version and USCIS posts it on I-9 Central.
I-9 Central includes information about employer and employee rights and responsibilities, step-by-step instructions for completing the form, and information on acceptable documents for establishing identity and employment authorization. Subscribe to I-9 Central to receive updates and alerts."
As a side note on this issue, business owner and their HR professionals should know that dictating what documents your company will accept from the approved list on the I-9 form can be a violation of the law and result in fines. Any document or combination of documents as identified and allowed in the instructions on the I-9 form must be accepted. For instance, a company cannot determine it will only accept Passports and no other documents. That would be a violation.
Also, US Immigration and Customs Enforcement (ICE) can come into a company and check for I-9 compliance. A compliance inspection can happen as a result of an investigation due to an incident in the work place or as a random check as part of its general enforcement duties. It is wise for a company to do audits on its I-9's from time to time to make sure they are complete, current, and that it has not imposed illegal restrictions.
f you want to know more about Mark Medvesky or Wells, Hoffman, Holloway & Medvesky LLP, check out our website at www.whhmlaw.com I
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