Employers: Continue Using Existing Form I-9 After October 31, 2022

Oct 19, 2022

The Employment Eligibility Verification (I-9) form is a required step for employers to complete as part of ensuring they hire individuals who are legitimately able to work for them in the United States. The Citizenship and Immigration Services (USCIS) Agency updates the form periodically, typically to adjust requirements or procedures. New versions are issued with an expiration date, after which employers must use the new I-9 version.

The current version is scheduled to expire on October 31, 2022, but because proposed changes have not yet been finalized, the 
USCIS just announced that employers should continue using the current form. An additional announcement will be made in the Federal Register indicating the new version is available.

I-9 Requirements for Employers

Because the I-9 form is such an important component of ensuring legal employment, employers must follow strict guidelines about completing and maintaining these forms. These include:

  • Verification of approved documentation of eligibility
  • Using the current version of the I-9 form
  • Recertification and record retention according to relevant guidelines

Can Employers Use Expired I-9 Forms?

Part of I-9 compliance includes respecting the dates on which these forms expire. Employers should stop using forms at their expiration date, and begin using new versions, unless guidance is issued directing otherwise (as in this case). Employers do not need to recertify workers who have already been deemed eligible for work solely as a result of passing the form expiration date.

Simplifying I-9 Compliance with Employers Reference Source, Inc.

Electronic I-9 and E-Verify from Employers Reference Source, Inc. can manage the entire employment verification process, including in situations where using the E-Verify system is mandatory. Our professional team has decades of experience with I-9 compliance services that complement our full suite of background check solutions. Contact us today to learn more about how our employment and screening services can streamline your hiring process.

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