The U.S. Department of Homeland Security (DHS) announced that employers should continue to use the current Form I-9 after its Oct. 31 expiration date, until further notice.
DHS said it will publish a Federal Register notice to announce the new version of the form once it becomes available.
DHS also announced an extension of its temporary policy allowing employers to inspect Form I-9 documents virtually until July 31, 2023.
"Employees who, due to COVID-19 policies, do not report to a physical location on a regular, consistent or predictable basis continue to be temporarily exempt from the I-9 in-person verification requirements," said Amy Peck, an attorney in the Omaha, Neb., office of Jackson Lewis. "This temporary flexibility has been in effect since March 2020. As it continues and more employees are verified remotely, it becomes more challenging for employers to be prepared for the possible end of flexibility."
We've rounded up articles from SHRM Online to provide more context on the news.
DHS Previews Changes to New Form I-9
The Form I-9 is getting a makeover. The next version of the ubiquitous HR onboarding document used to record employment eligibility verification, as required by the federal government, is slated to undergo a significant structural overhaul.
Proposal Signals Openness to Remote Review
DHS issued a proposed rule that will provide for a regulatory framework to set up a virtual alternative for some or all employers going forward, but a permanent remote I-9 document inspection option could be limited.
DHS Seeks Input on Making Remote I-9 Review Permanent
DHS first announced its intention to offer a more permanent version of its virtual verification option for examining I-9 documents in Oct. 2021.
Policy Allowing Expired Documents Scheduled to End
Since May 1, employers have no longer been able to accept certain expired identity documents when verifying an employee's work eligibility on the I-9 form.
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