DHS Instructing ERs to Continue Using Current Form I-9 Which Expires on 10/31
On Oct. 11, 2022, the U.S. Department of Homeland Security (DHS) published instructions for employers to continue using the Employment Eligibility Verification form (Form I-9) when hiring new employees until a new version of the form is published.
Form I-9
Federal law requires employers to verify the identity and employment authorization of each individual they hire by completing and retaining Forms I-9. Employers must have a completed Form I-9 for every employee hired after Nov. 6, 1986.
DHS reviews and updates Form I-9 periodically. The most recent version of this form is set to expire on Oct. 31, 2022. Historically, DHS has allowed employers to continue using the most recent version of the form beyond its expiration date when a new form is not available by the time the most current version expire
Expected Updates
Industry experts anticipate DHS is delaying publishing an updated version of the form before the expiration date because of possible substantial changes to the form or the processes related to some of the form’s instructions.
In addition, given the recent extension of temporary remote verification procedures for Form I-9 supporting documents, some speculaon has also risen on whether some of these temporary policies may become permanent.
Impact on Employers
Employers can rely on this agency notification as evidence that I-9 compliance will require using the most current version of Form I-9 unl a new form is published. Once the new form is published, employers will need to update their hiring processes to ensure they are using the newest version of the form and following any updated instructions.
Please contact us with any questions.
Important Dates:
- October 21, 2019: Publication date of the most recent Form I-9
- October 11, 2022: DHS notified employers that they may continue using the current form until a new form is published
- October 31, 2022: Expiration date for the most current version of Form I-9
Please note: This Legal Update is not intended to be exhaustive, nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. This update was originally shared by ©2022 Zywave, Inc. All rights reserved.