Starting on November 1, 2022, employers verifying their employees’ identity and employment authorization eligibility must use the new I-9 Form version.

Why is this Important?

All U.S. employers must properly complete Form I-9 for each person they hire, regardless of whether the individual is a U.S. citizen, permanent resident, or non-citizen.

The current I-9 Form version expires on October 31, 2022. Current employees with valid I-9 Forms on file do not need to complete new Form I-9s.  However, all new hires and certain re-hires will need to complete new Form I-9s starting on November 1, 2022.

What Changes to Form I-9 will take Effect on November 1, 2022?

The five most significant changes coming to Form I-9 include:

1. Revisions to the List of Acceptable Employment Verification Documents that now provide a link to a complete list of documents (List C Documents).

2. Simplified Form I-9 instructions, including reducing the number of instruction pages from 15 pages to 7 pages. However, the new instructions will include a link to M-274 Handbook and I-9 Central.

3. Section 3 will now become a separate Reverification and Rehire Supplement Form, which should be completed only if needed.

4. Ease of completion by facilitating filling out the form on electronic devices and reducing software user problems by removing electronic PDF enhancements.

5. Reduction of paper use by compressing Sections 1 and 2 from two pages to one page.

Will Other Changes Impact the I-9 Verification Process after November 1, 2022?

Other significant changes to the I-9 Employment Eligibility Verification Compliance Process include:

1. After November 1, 2022, employers will not be able to accept expired Form I-9 List B documents (documents that establish identity).

2. On November 1, 2022, U.S. Department of Homeland Security will terminate the Covid-19 flexibilities which allowed employers to inspect I-9 documents remotely.

3. Starting on November 1, 2022, employers must verify I-9 documents in person for all new employees.

4. Employers have until November 3, 2022 to verify I-9 documents in person for current employees whose I-9 documents were examined remotely during the applicable period of the Covid-19 flexibility measures.

We will continue to monitor developments related to the I-9 Form and other immigration-related programs and timely inform our clients. If you have questions about I-9 compliance, you may contact a member of our Immigration Practice.