The Office of Management and Budget (“OMB”) has approved the latest revisions to the current Form I-9, which expired on March 31, 2016 but remains valid until the new edition is released.  The new form will replace the 2013 version and will be valid until August 31, 2019.

The OMB notice indicates that USCIS “may accept the prior version of Form I-9, for 150 days,” however, USCIS has yet to issue any statements or any intended plans on when it will release the new Form I-9 yet.

Although several changes are expected in the new Form I-9, including the application of bar coding technology, there have been no official disclosures of those changes, nor any previews of the new version. Accordingly, all Employers can do at this time is to watch and wait.

Continue using the 2013 version of the Form until the new Form is released. It is anticipated that USCIS will provide some lead time before the new Form is mandatory, as in years past. We’ll keep you apprised as information becomes available, and advise on our schedule of training seminars, once the form is out. Stay tuned.


Alka Bahal is a Partner and the Co-Chair of the Corporate Immigration Practice of Fox Rothschild LLP. Alka is situated in Fox Rothschild’s Roseland, New Jersey office though she practices throughout the United States and at Consulates worldwide. You can reach Alka at (973) 994-7800, or