U.S. Citizenship and Immigration Services (USCIS) has invited public comment on revisions to Form I-9, Employment Eligibility Verification. See PAYROLL CURRENTLY, Volume 20, Issue 4 for expanded coverage of the USCIS release (APA member log-in required).

The invitation includes soliciting feedback on the length of the form and its instructions, which have both increased. In turn, the invitation may increase electronic storage space for employers since they will now have a larger document to store on the server. The invitation may also increase paper storage space for employers who choose to store a hardcopy of Form I-9.

 
The Immigration Subcommittee of APA's Government Affairs Task Force plans to review the form in detail and submit comments, but could use your help on a specific number of revisions. If you have comments or feedback regarding the specific revisions listed below, or any other general comments about the proposed Form I-9, email them to Brian O'Laughlin, Esq., APA's Government Relations Manager, at bolaughlin@americanpayroll.org by May 21.

APA would like your input on how these proposed changes may affect you, your payroll department, and your employees. As referenced above, the most obvious difference deals with the length of the form. Consider the following:

*The entire document, which includes the instructions and the Form I-9, has grown from five pages to nine pages in length.
*The draft instructions section increased from three pages to six.
*The proposed Form I-9 itself has grown from one page to two pages in length, with a third page showing the "List of Acceptable Documents."

Additionally, the draft form contains several revisions to the current Form I-9 itself. These revisions include mostly formatting and layout changes, but they also include some wording changes. APA's Immigration Subcommittee would like to hear what you think on the following changes:

*Section 1, Employee Information and Attestation, has been expanded to cover an entire page.
*Section 1 of the current form only covers a half of the page. This is due to design changes, such as expanding the section where the employee checks his or her work authorization status and adding boxes where the employee can fill in his or her alien registration number or Form I-94 admission number.
*The draft Section 1 now asks for the employee's email address and telephone number, both of which are optional to provide.

APA's Immigration Subcommittee believes USCIS may be asking for this information so it can notify the employee if he or she is work authorized. Currently, only the employer sees whether the employee is work authorized when running the information through E-Verify. However, USCIS already provides the Self-Check service to allow individuals to check their employment status. The subcommittee also reasoned that the Office of Special Counsel (OSC) might like to have this information in case it wanted to contact an employee regarding a complaint. However, employees almost always institute a workplace discrimination action and provide their contact information to OSC at that time.

The suggested Section 1 also contains different instructions for the employee to read. The draft language now states, "Employees must complete and sign Section 1 of Form I-9 no later than the first day of work for pay, but not before accepting a job offer." The current form does not contain this language; it tells the employee that Section 1 needs to be completed at the time employment begins. The subcommittee believes this language is more descriptive by detailing USCIS's regulations, but may be confusing for the reader.

The draft of Section 2, Employer Review and Verification, also contains a number of revisions. First, the language telling employers how to fill out this section has been expanded. The proposed language now reflects USCIS's policy that the employer must complete Section 2 within three business days of the employee's first day of work for pay. The subcommittee also believes this language is more descriptive and provides better guidance to the employer.

In summary, the subcommittee is looking forward to gauging your feedback on a number of issues pertaining to the draft Form I-9, including:

*The form and instructions' increased length and all they entail.
*The draft Section 1 now asking for an employee's email address and telephone number, optional though that information may be.
*Suggested Section 1 instructions, which the subcommittee believes may be confusing to readers.
*Revisions in the draft for Section 2, including proposed language that now reflects USCIS's policy that the employer must complete Section 2 within three business days of the employee's first day of work for pay.

The Immigration Subcommittee of APA's Government Affairs Task Force welcomes your input. If you have comments or feedback regarding the specific revisions listed above, or any other general comments about the proposed Form I-9, please contact Brian O'Laughlin, Esq., at bolaughlin@americanpayroll.org by May 21.