Tuesday, May 16, 2017 - 2:15pm

While USCIS just issued a new Form I-9 dated November 14, 2016, a new version is already in the works and set to be released this summer on July 17, 2017.  As in the past, employers will have until September 17, 2017 to integrate the new form into their processes. 

Why is a New Form I-9 Being Released July 17, 2017?

The new form is not expected to include any major changes, but is instead being modified to include instructions to accommodate acceptable documents for beneficiaries of a rule proposed under the Obama administration known as the “International Entrepreneur Rule”.  This rule, if enacted (the Trump administration placed a freeze on all new and pending regulations) enables qualified founders of startups to temporarily stay and work in the U.S., but does not actually impart a specific immigration "status"  these individuals will be legally authorized to work in the U.S.. under a provision referred to as "parole".  The current Form I-9 does not contemplate workers in the U.S..  who have been admitted with such a  "parole" provision, and therefore there are some slight modifications that need to be made to wording.   These individuals would provide their unexpired foreign passport and valid I-94 as their List A document set. 

While new rules may be on hold due to the Trump administration's freeze on new rules, USCIS has indicated that they are nonetheless moving forward with issuance of the new form.

What do employers need to do?

USCIS states that there are no major changes in the form, so employers simply need to be aware that the new Form I-9 is on the way and follow-up with their online I-9 providers and/or mark their calendars to ensure the new Form I-9 is implemented for their organization by September 17, 2017.