USCIS Tells Employers To Continue Using Current Form I-9 Past Expiration Date

December 15, 2022

United States Citizenship and Immigration Services (USCIS) has announced that employers should continue using the current Employment Eligibility Verification (Form I-9) past its expiration date of October 31st, 2022. Once the new version of Form I-9 becomes available, the Department of Homeland Security (DHS) will publish a Federal Register notice announcing its release.

The ubiquitous Form I-9 is something every employer must fill out within three days of hiring a new worker. This process verifies every new employee’s identity and employment eligibility. As such, employers must complete Form I-9s for all workers, regardless of citizenship.

Form I-9 goes through regular updates, seeing significant changes with each version. The DHS approved the current form on October 21st, 2019, and employers had to use it starting April 30th, 2020. Its expiration date was October 31st, 2022. Earlier this year, the DHS announced its intentions for the new and revised version.

On March 30th, 2022, the DHS issued a notice in the Federal Register regarding a proposed extension and revisions for the new Form I-9 inviting public comments. Initially, the commentary period expired on May 31st, 2022. However, the DHS opened a second comment period, which extended the deadline until August 8th, 2022.

Though the USCIS has announced that the coming changes are relatively minor, there are some significant alterations on the way with the new form. Significant changes include:

  1. Reducing Sections 1 and 2 from two pages into one to simplify storage and minimize waste.
  2. Making Section 3 into a standalone supplement that employers can print and use only when necessary for re-verification and rehiring within three years of the original completion of Form I-9.
  3. Updating the List of Acceptable Documents to include a link to additional acceptable List C documents on the DHS website.
  4. Simplifying and shortening the instructions from 15 pages to seven to reduce paper waste.
  5. Removing PDF enhancements to view and complete the form on all electronic devices.

Once the DHS releases its announcement, employers will likely have a timeframe to adjust to the new Form I-9 and its changes before the DHS requires everyone to use the new form. However, with significant changes like these, it may become disorienting to hire personnel. The best way to help simplify the process and reduce the burden is with an electronic I-9 management system. This system can guide employers through every step while providing easy-to-use electronic storage for forms and documentation.

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