The I-9 Form that employers use to verify work authorization in the United States expired on March 31, 2016.  However, according to U.S. Citizenship and Immigration Services, U.S. employers should continue to use the recently expired I-9 Form until the new “Smart” I-9 Form becomes available.

U.S. Citizenship and Immigration Services is currently working on the implementation of a “Smart” I-9 Form.  This new “Smart” I-9 Form is designed to reduce error and make the form easier to complete.  In particular, the new “Smart” I-9 Form will contain new drop-down menus, error messages, and field checks, among other enhancements, to help ensure accurate data entry for employment verification.

At present, the “Smart” I-9 Form is in the notice and comment stage of rule making where U.S. Citizenship and Immigration Services publishes the document and any proposed changes to the Federal Register and gives the public 30 days to comment.  The notice and comment period is scheduled to be concluded on April 27, 2016.  Thereafter, once U.S. Citizenship and Immigration Services considers the public’s comments, the new “Smart” I-9 Form will be sent to the Office of Management and Budget for approval and publication.  Once approved, employers should begin to use the new “Smart” I-9 Form which will be available for download at: www.uscis.gov.