Form I-9 Expiration Date Extended to May 31, 2027

Key Takeaways:

Employers must use the August 1, 2023 edition of Form I-9, with expiration dates of July 31, 2026, or May 31, 2027.
No content or structural changes were made to Form I-9; the updated form is compliant until respective expiration dates.
Employers must retain completed forms for three years after hire or one year after termination, whichever is later.

What is Form I-9 and Why is it Important?

Form I-9, Employment Eligibility Verification, is a critical aspect of employment in the United States. Employers must complete this form to verify an employee’s identity and eligibility to work in the U.S. Recently, the U.S. Citizenship and Immigration Services (USCIS) updated Form I-9 to extend its expiration date. The August 1, 2023 edition of Form I-9 now has an expiration date extended from July 31, 2026, to May 31, 2027. This update aims to ensure that employers and employees continue to comply with employment verification regulations without interruption.

Form I-9 Expiration Date Extended to May 31, 2027

What Are the Key Updates to Form I-9?

Form Validity

The crucial update involves the form’s validity:
– Employers must use the August 1, 2023 edition.
– This edition features an expiration date of either July 31, 2026, or May 31, 2027.
– Both versions remain valid until their respective expiration dates.

Implementation Timeline

The timeline for adopting the new form is straightforward:
– The form with the new expiration date is available immediately.
– Employers can use the form with the July 31, 2026 expiration date until that date.
– Starting August 1, 2026, only the form with the May 31, 2027 expiration date will be valid.

Electronic Systems

Employers using electronic Form I-9 systems should:
– Update their systems to incorporate the new expiration date as soon as possible.
– Ensure the updates are completed by July 31, 2026.

What Hasn’t Changed in the Form I-9 Update?

Form Content and Structure

Aside from the expiration date, no other changes have been made to the form’s content or structure. The fields, sections, and instructions remain identical to the August 1, 2023 edition.

Availability and Compliance

The updated form is available for download on the official USCIS website.
Future downloads will only include the version with the new expiration date.
Employers must use the correct version of Form I-9 to remain compliant. Using an expired or incorrect version could lead to penalties.

How Do Employers Handle Remote Verification and Retention Requirements?

Remote Verification

The checkbox for employers to indicate remote document examination, introduced in the August 1, 2023 edition, remains on both versions.

Retention Requirements

The retention requirements for completed I-9 forms have not changed:
– Retain forms for 3 years after the date of hire or 1 year after termination of employment, whichever is later.

Supplements

Supplement A (Preparer/Translator Certification) and Supplement B (Reverification and Rehire) remain part of the form package and are unchanged.

Are There Different Language Versions Available?

English and Spanish Versions

Both English and Spanish versions of the form have the updated expiration date.
The Spanish version is permissible only in Puerto Rico.

How Can Employers Get Assistance with Form I-9?

Training and Resources

USCIS offers several resources to aid employers:
– Free webinars and resources to understand Form I-9 requirements and updates.
– The M-274 Handbook for Employers provides detailed guidance on completing Form I-9.

What Does the Future Hold for Form I-9?

This extension suggests that the USCIS does not anticipate significant changes to the Form I-9 process before May 31, 2027. However, employers should stay informed about any potential interim updates or policy changes.

How to Fill Out Form I-9: A Step-by-Step Guide

Step 1: Ensure You’re Using the Current Version

Make sure you’re using the August 1, 2023 edition with an expiration date of either July 31, 2026, or May 31, 2027.

Step 2: Employee Completes Section 1

The employee must complete Section 1 no later than their first day of employment:
– Enter full legal name, other names used, address, date of birth, and Social Security number (if applicable).
– Select the appropriate citizenship/immigration status box.
– Enter immigration-related details like A-Number/USCIS Number or Form I-94 Admission Number if applicable.
– Sign and date the form.

Step 3: Employee Presents Documentation

Employees must present original, unexpired documents from the Lists of Acceptable Documents:
– One document from List A, OR
– One document from List B and one from List C.

Step 4: Employer Completes Section 2

Within 3 business days of the employee’s first day, the employer must:
– Enter the employee’s name at the top.
– Examine presented documents to ensure they appear genuine and related to the employee.
– Record document information in the appropriate columns.
– Enter the employee’s first day of employment.
– Sign, date, and provide their name, title, and business details.

Step 5: Reverification (If Applicable)

If employment authorization or documentation expires:
– Complete Supplement B, Reverification and Rehire.
– Enter the new document details.
– Sign and date.

Step 6: Rehires

If re-hiring within 3 years of the original Form I-9:
– Review the original form for continued validity.
– If still authorized, complete Supplement B.

Step 7: Retention

Retain for 3 years post-hire or 1 year after employment ends, whichever is later.

Important Reminders for Employers

Use blue or black ink if filling out manually.
Do not request specific documents from employees.
Make photocopies of documents only if applied uniformly across all employees.
Do not reverify U.S. citizens and noncitizen nationals.
Only use the Spanish version of Form I-9 in Puerto Rico.

By adhering to these steps and using the correct forms, employers can ensure compliance with employment eligibility verification requirements, avoiding potential penalties and maintaining proper records.

This update and ongoing guidance reaffirm the USCIS’s commitment to a streamlined employment verification process. For further guidance and the full form, please visit the official USCIS website. According to VisaVerge.com, staying updated with these changes not only helps in maintaining compliance but also ensures a smoother onboarding process for new employees.

Learn Today:

Glossary

1. Form I-9:
A mandatory U.S. Citizenship and Immigration Services (USCIS) form used by employers to verify the identity and employment eligibility of new hires. Employers must complete this form to comply with federal law.
2. Employment Eligibility Verification:
The process of confirming that an individual is authorized to work in the United States. This involves verifying documents that prove identity and work authorization, typically through the completion of Form I-9.
3. USCIS (U.S. Citizenship and Immigration Services):
A government agency within the Department of Homeland Security that oversees lawful immigration to the United States, including the processing of Form I-9 and other immigration-related documentation.
4. Expiration Date (related to Form I-9):
The date until which a particular version of Form I-9 is considered valid for use. Employers need to ensure they are using a version of Form I-9 that is current and valid to stay compliant with employment verification regulations.
5. Supplement B (Reverification and Rehire):
A section of Form I-9 used when an employee’s employment authorization or documentation has expired, or if the employer is rehiring an employee within 3 years of the original Form I-9 completion. This supplement allows employers to update and reverify the employee’s work eligibility.

This Article In A Nutshell:

Form I-9, required by U.S. employers, verifies an employee’s identity and work eligibility. It’s essential for compliance with immigration laws. The latest update, effective August 1, 2023, extends the form’s validity to May 31, 2027. Stay compliant to avoid penalties and ensure smooth onboarding.
— By VisaVerge.com

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