Immigration Law

Employer Alert: New Form I-9 Clears OMB Review Process

John Fay, LawLogix, Aug. 29, 2016- "On August 25, 2016, the Office of Management and Budget (“OMB”) approved the latest revisions to the Form I-9, clearing the way for the form to be released to the public. Ever since the current version of the I-9 expired on March 31, 2016, employers have been anxiously awaiting the release of the new form, which will now include some “smart” error-checking features (available only when completed using an Adobe PDF viewer or application). As described below, the newly revised I-9 also features several new “structural” changes and instructions which will be important for all employers to know and learn.

According to the OMB Notice of Action, the new Form I-9 will have an expiration date of August 31, 2019, a 3-year period that is consistent with previous Form I-9 validity periods. In addition, the United States Citizenship and Immigration Services (USCIS) must update its I-9 system within 90 days to reflect the changes and indicate the revision date at the bottom of the form. More importantly, however, the OMB has indicated that the USCIS may accept the current (expired) version of the form for another 150 days (which, measured from the OMB approval date, would be January 22, 2017)."