As expected, on August 27, 2019, the USCIS announced employers should continue using the current I-9 form with the expiration date of August 31, 2019 even after that date has passed. The USCIS said employers should continue using the current I-9 form until further notice.
Even though this announcement was widely expected, this announcement is a relief to millions of employers who were worried about what I-9 form to complete September 1, 2019 forward. I would expect an announcement of a new I-9 form in the next few months. It is expected there will be minimal to no changes on the 2-page form although the 15 pages of instructions may be slightly changed. I will keep you updated when the USCIS makes any further announcements on the I-9 form.
It appears to this writer that if USCIS Acting Director Ken Cuccinelli would spend less time talking about ICE, an agency that he is not in charge of, and more time working on the USCIS’ serious administrative problems, the USCIS could have timely rolled out a new I-9 form.
If you are concerned about your company’s I-9 compliance, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, available here, or contact me for a consultation and/or representation in immigration compliance matters.
Bruce Buchanan is a Partner at Sebelist Buchanan PLLC. Mr. Buchanan is admitted to practice in Tennessee, Georgia, Florida, and Arkansas, and before the U.S. Court of Appeals for the Fifth, Sixth, Eighth, and D.C. Circuit.