H.R. Questions: What is the current status of the I-9 flexibilities AND are we getting a NEW I-9 this year?

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  • H.R. Questions: What is the current status of the I-9 flexibilities AND are we getting a NEW I-9 this year?


The current I-9 expires on October 31st. So, as per the usual mode of operation, we will either get notice of an extension of use for this form or a new form on or around October 31st. Many changes have been proposed for the new I-9 so we do expect a new form in the coming months. https://www.natlawreview.com/article/new-form-i-9-works  Stay tuned!


The temporary flexibility allowance and guidance were set to expire on April 30, 2022. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibilities until Oct. 31, 2022.


See the original ICE news release from March 20, 2020, for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.


Employers are encouraged to begin, at their discretion, the in-person verification of identity and employment eligibility documentation for employees who were hired on or after March 20, 2020, and who presented such documents for remote inspection in reliance on the flexibilities first announced in March 2020.


Employers must monitor DHS’ and ICE’s Workforce Enforcement announcements about when the extensions end and normal operations resume.


E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire. Please see COVID-19 webpage for more information.


ICE has issued a notice of proposed rulemaking that may end with the permanent option to inspect I-9 documents via remote access tools like Zoom or Teams for instance. We won’t know more on this proposal until the new year, most likely. https://www.ice.gov/news/releases/ice-issues-notice-proposed-rulemaking-seeks-public-comment-employment-eligibility


Be Audit-Secure™!


Lisa Smith, SPHR, SCP

EEOC Certified Investigator


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Lisa Smith, SPHR, SHRM – SCP
Certified EEO Investigator (EEOC)
Lead Support and Content Chief – HelpDeskforHR.com
“You cannot be audit-proof, but you can Be Audit-Secure.”

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