By Jason Fry
On October 12, 2022 United States Citizenship and Immigration Services (USCIS) instructed employers to continue using the current version of the Form I-9 after its expiration date of October 31, 2022 until further notice. They also shared that the Department of Homeland Security (DHS) will publish a Federal Register notice to announce the new version of the Form I-9 once it becomes available.
This is not the first time USCIS has taken this approach. The Office of Management and Budget (OMB) approved and posted the current Form I-9 on October 21, 2019. USCIS published the Federal Register Notice making that Form official on January 31, 2020. There were extremely minor changes to the Form and its instructions. Employers were supposed to begin using the Form as of January 31, 2020. An additional notice was posted giving employers additional time to begin using the Form. The final date for all employers to use the form was April 30, 2020, approximately six-months from the original notice.
We previously shared that DHS opened a public comment period for employers to weigh-in on some of the proposed changes for the new Form I-9. Additionally, ICE is considering offering some employers more permanent alternatives for examining Form I-9 identification documents.
Equifax will continue to monitor this Form I-9 expiration extension. It is important to note that the employer is ultimately held accountable for any mistakes or errors on your Forms I-9, so working with an experienced I-9 service provider is one way of helping keep on top of updates like this. If you are looking for assistance with helping you manage your I-9s, take a look at our I-9 Management suite of services, or contact us with any questions you may have.
To learn more about best practices for managing your I-9s download our HR Checklist for I-9 Enforcement to help get your organization better prepared for an I-9 audit.
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