The Latest Form I-9 Updates

Latest DHS I-9 updates

Stay in the Know: Department of Homeland Security’s Latest Updates on Form I-9 and Employee Authorization & Verification.

• DHS & ICE announce relaxed guidelines will end on July 31, 2023, and employers must physically review virtually inspected documents by August 30, 2023.
• A new Form I-9 with BIG CHANGES is previewed by DHS (the current version of Form I-9 expires October 31). Some proposed changes include:
• Compressing Sections 1 and 2 from two pages to one.
• Moving Section 3 to a separate Re-verification and Rehire Supplement, making it a stand-alone section, only is accessed if needed.
• Updating the List of Acceptable Documents to include a link to List C documents (on the U.S. Citizenship and Immigration Services website) issued by DHS.
• Reducing and simplifying the form’s instructions from 15 pages to 7 pages.
• Removing electronic PDF enhancements to ensure that the form can be completed on all electronic devices.
• Temporary increase of Automatic Employment Authorization (EAD)
• If your current employee’s Form I-9 as of May 4, 2022 shows an EAD that was automatically extended by 180 days, the employee is eligible to receive an additional extension of 360 days as provided in the temporary final rule (87 FR 26614), for a total of 540 days counted from the “Card Expires” date stated on the face of the EAD
• Permanent Remote Inspection Rules Being Reviewed
• The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) proposed regulation that would give employers a permanent alternative to in-person work authorization document inspection as part of Form I-9 Section 2. Specifics have not been made public, but the proposed changes are being reviewed by the Office of Management and Budget (OMB) after which it will be published in the public register before ICE publishes final guidelines.

Brief history

DHS Form I-9, Work Authorization Flexibility

Pre-pandemic, employers were required to view work authorization documents in-person when completing Section Two of Form I-9. On March 20, 2020 the DHS announced a unique relaxation of these guidelines and allowed remote viewing of documents with a big caveat: at the end of this relaxation, employers would be required to reconcile all remotely-inspected documents with an in-person viewing!

Fast forward to 2022 with numerous extensions along the way, the DHS issued its final flexible I-9 extension date of 10/31/2022. This is also the date the current I-9 form is scheduled to expire and a new Form I-9 with extensive changes is planned for its replacement.

Status of DHS I-9 virtual review & flexibility reconciliation

Upon the expiration of the relaxed guidelines on July 31st, 2023, employers will have until August 30th, 2023 to physically review all documents that were virtually inspected during the COVID relaxed viewing guidelines.

What does this mean for you?

• Document reconciliation: Any virtually-reviewed document needs a documented physical inspection by August 30th, 2023. Our End of Virtual Review Guide has you covered on the process and notation.
• No more virtual review: If you’re utilizing a process that relies on virtual document inspection, you need to implement a physical review process no later than July 31st (even for remote employees).

Still hiring remotely? We have you covered.