The U.S. Citizenship and Immigration Services recently announced two updates to Form I-9 guidance:
- Employers should continue using the current Form I-9 after its expiration date of October 31, 2022 until further notice; and
- Flexibilities initially announced in March 2020 have been extended until July 31, 2023.
Current Form I-9
The current Form I-9 (effective October 21, 2019) is set to expire on October 31, 2022. However, employers should continue using this version after October 31, 2022 until further notice. The Department of Homeland Security will publish a notice in the Federal Register announcing the new version of Form 1-9 when it becomes available.
Extension to Flexibilities
In March 2020, the Department of Homeland Security (DHS) announced a temporary policy allowing employers to verify an employee's Section 2 documents remotely due to the COVID-19 pandemic. This temporary policy was extended several times past its original expiration date of May 19, 2020. Most recently, the temporary policy was set to expire on October 31, 2022. However, DHS has proposed a rule to allow it to make the document review flexibilities permanent. The comment period ends October 17, 2022.
DHS encourages employers to begin, at their discretion, the in-person verification of identity and employment eligibility documentation for employees working remotely who were hired on or after March 20, 2020, and who presented such documents for remote inspection in reliance on the flexibilities first announced in March 2020.
If the person who examined the Section 2 documents remotely is no longer available to conduct the physical inspection, the employer representative who is conducting the physical inspection should complete a new Section 2, and attach it to the previously completed (via remote inspection) Form I-9.
As a reminder, the temporary policy for expired List B identity documents ended on May 1, 2022. Forms I-9 that were initially completed with expired List B documents should have been updated if the employee was still employed beyond May 1, 2022.
HEC members are invited to join us a for a complimentary webinar on Form I-9 compliance on Thursday, October 27, 2022. Click here to register.