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USCIS: Employers Should Continue to Use Expiring Form I-9

Thomson Reuters Tax & Accounting  

Thomson Reuters Tax & Accounting  

The U.S. Citizenship and Immigration Services (USCIS) has announced that employers should continue using the current Form I-9 (Employment Eligibility Verification), which has an October 31, 2022 expiration date, until further notice.

Background.

Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.

New form.

On March 30, 2022, the U.S. Department of Homeland Security (DHS) published a notice in the Federal Register to invite public comments on its proposed extension and revisions to Form I-9. The current version of Form I-9 was issued on October 21, 2019. This version is set to expire on October 31, 2022.

Comment periods.

An initial comment period on the new Form I-9 was permitted until May 31, 2022. A second comment period for the new version of the form was permitted until August 8, 2022.

Proposed changes.

The USCIS previously said that the changes to the proposed new Form I-9 are minor.

These changes include: (1) compress Sections 1 and 2 from two pages to one page to reduce paper use and storage burden on employers; (2) change Section 3 to a Reverification and Rehire Supplement that provides three separate areas to enter reverifications and rehires within three years of the date of the initial execution of an employee’s Form I-9; (3) employers would only print and use the supplement as needed, further reducing paper use and storage burdens on employers; (4) update the List of Acceptable Documents to include a link to List C documents issued by DHS and the acceptable receipts listed in 8 C.F.R. 274a.2(b)(1)(vi); (5) reduce and simplify the instructions from 15 pages to seven pages, further reducing paper usage; and (6) remove electronic PDF enhancements to ensure that it can be completed on all electronic devices and is not software dependent.

Proposed changes to document examination.

The DHS is proposing to permanently allow optional alternatives for examining the documentation presented by individuals seeking to establish identity and employment authorization for purposes of completing the Form I-9 (Employment Eligibility Verification) that could mirror the flexibilities being temporarily permitted due to the coronavirus (COVID-19) health emergency. Comments are allowed through October 17, 2022.

Employers should continue to use current Form I-9.

Until further notice, employers should continue to use the Form I-9 after its October 31, 2022 expiration date. The DHS will publish a Federal Register notice to announce the new version of the Form I-9 once it becomes available.

 

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