The current Form I-9, Employment Eligibility Verification, is scheduled to expire on October 31, 2022. There have been rumors that a new, highly revised form is being prepared. Indeed, on August 18 of this year, the U.S. Department of Homeland Security (DHS) published a notice of proposed rulemaking regarding alternatives to the current Form I-9 requirements. The process is ongoing, but the comment period ended on October 17.
Until a new form is issued, the DHS is advising employers to continue using the current Form I-9, even after its expiration date of October 31, 2022, until further notice. The DHS will publish a Federal Register notice to announce the new version of the Form I-9 once it becomes available.
In addition, the DHS and U.S. Immigration and Customs Enforcement (ICE) announced another extension of the flexibility in complying with requirements related to Form I-9, particularly for remote workers due to COVID-19. The temporary guidance was set to expire October 31, 2022, but because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibilities until July 31, 2023.
Employers can review the original ICE news release from March 20, 2020, for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9. If you have any questions, please email the Employers Council Member Experience Team.
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