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CIC offers news and updates to employers about the latest laws, trends and risks related to hiring, fraud, and drugs or violence in the workplace.

Form I-9 Expiring

Important Notice: The information in this article pertains to Form I-9 and E-Verify policies as they stood until 2019. Since then, fundamental changes have taken effect, particularly in August 2023, involving the release of a revised Form I-9 and a new remote verification pilot program by ICE. To ensure you are up-to-date with the current compliance requirements and best practices, please read our latest article on Form I-9 and E-Verify changes.

2023 Updates

Form I-9 is expiring on August 31, 2019 and there are some important clarifications regarding the process that we advise everyone to note. Roy Maurer, at shrm.org, posted the following alert regarding the imminent expiration of Form I-9.

The federal government's Form I-9, used by HR departments across the country to verify workers' employment eligibility, is expiring at the end of the month.

The Department of Homeland Security (DHS) is expected to extend the current version of the form (marked 8/31/2019) without changes, although minor clarifications will be made to the form's instructions.

Here are three of the proposed revisions:

Employers may designate anyone to be an authorized representative to complete Section 2 of the form. The employer is still liable for any violations committed by the designated person. John Fay, president of the LawLogix division of Hyland Software, a company that specializes in cloud-based I-9, E-Verity and immigration compliance services (https://www.lawlogix.com/), explained that employers face difficulties in completing I-9s for remotely hired workers and need more-specific instructions to clarify who may serve as an authorized representative to complete the form.

Writing "N/A," or not applicable, in the identity-document columns is no longer necessary. When entering document information in the List A column (or, alternatively, in the List B and List C columns), you will not need to enter "N/A" in the columns that are not used, "The requirement to enter 'N/A in certain portions of the form could be burdensome and unclear," Fay said, "Now, for example, if you have an employee present a U.S. passport, which is recorded in the List A column, you do not need to write "N/A in all of the fields in the List B and List C columns."

The form's List C documents that establish employment authorization do not include a worker's Employment Authorization Document (EAD). The List C documents include a Social Security card and birth certificate, while the EAD (Form 1-766) providing temporary employment authorization to work in the United States is a List A document.

While it is still unclear whether DHS will provide a new expiration date for the form this month, past practice indicates that employers may continue to use the current Form I-9, even after the expiration date of the current form, until a revised version is available.

A completed I-9 form is required for all employees, so why not use an electronic I-9 system that will guide you through the process making sure that you supply the correct information and complete your I-9 forms within the requisite 3-days? CIC's screening system will create a compliant PDF I-9 form that you can store electronically or print and file.

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