Federal law requires employers to verify the identity and employment authorization of each person they hire, complete and retain a Form I-9 (Employment Eligibility Verification) for each employee, and avoid discriminating against individuals on the basis of national origin or citizenship. On March 28, 2016, USCIS published a notice in the Federal Register to notify the public of proposed changes to the I-9 Form and to provide a 30 day window for comments.

What are the proposed changes?

USCIS notes it incorporated changes to the form that address many comments submitted during the 60-day notice period. Overall, many of the changes aim to assist in the reduction of technical errors (for which employers may be fined). Other significant changes include: validations on certain fields; drop-down lists and calendars; buttons that will allow users to access the instructions electronically; a dedicated area to enter additional information that employers are currently required to notate in the margins of the form; requiring employees to provide only their last name used  in Section 1, rather than all other names used; and removing the requirement that aliens authorized to work provide both their Form I-94 number and foreign passport information in Section 1. Until an updated version of the I-9 Form is approved and posted by USCIS, employers must continue to use the current version of the Form.