Publication
Immigration Alert: USCIS Says Continue To Use Current Form I-9 Past Expiration
By Benjamin A. Nucci
United States Citizenship and Immigration Services (USCIS) announced that employers should continue to use the current Form I-9 for employment eligibility verification, even after the expiration date has passed. The current Form came into effect on October 21, 2019 and is set to expire on October 31, 2022. USCIS advised that employers should continue to use the current form until further notice.
Under the Immigration Reform and Control Act, employers must use the Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. The Form is completed by both employees and employers (or authorized representatives of the employer). All U.S. employers must ensure that a Form I-9 is completed for each individual they hire for employment in the United States, including citizens and noncitizens. As part of that process, employers (or their authorized representative) must inspect original documents in-person confirming the employee’s identity and work authorization. During the coronavirus pandemic, USCIS issued temporary guidance providing an alternative to the in-person verification requirement through remote inspection (e.g., video, fax, email). In view of technological advances and new work arrangements, USCIS began exploring alternative means for employers to verify new employees’ identity and employment authorization, including some of the flexibilities introduced during the pandemic.
On August 18, 2022, USCIS published a proposed rule to update the process in light of workplace adjustments promulgated by COVID-19. The rule does not directly permit remote document examination, but instead authorizes alternative examination procedures under certain circumstances such as in response to public health and national emergencies. An additional proposal includes mandating fraud document training and anti-discrimination training for employers, such as a 30- to 60-minute online training for employers who use an alternative procedure. USCIS solicited comments from the public and requires these to be submitted by October 17, 2022.
Employers unsure of the Form I-9 requirements or the proposed changes should contact their business immigration counsel.
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