The Form I-9, which is used to record employment eligibility verification, as required by the federal government, is going to undergo major changes by the time the current form expires on October 31, 2022. The Department of Homeland Security (“DHS”) has proposed the modifications, in an attempt to simplify and clarify things for employers.

The proposed changes include:

• Compressing Sections 1 and 2 from two pages to one page to reduce paper use.
• Section 3 will be a separate Reverification and Rehire Supplement, making it a stand-alone section, which only is accessed if needed.
• The List of Acceptable Documents will be updated to include a link to List C documents (on the U.S. Citizenship and Immigration Services website) issued by DHS.
• The form’s instructions will be reduced and simplified from 15 pages to 7 pages.
• The electronic PDF enhancements will be removed to ensure that the form can be completed on all electronic devices.

In addition, the new form provides clarifications, such as:

• The new I-9 places more emphasis on what constitutes discrimination in the I-9 context.
• There will be clarified reverification and rehire instructions directly on the form.
• The onerous “N/A” requirement is eliminated by clarifying that fields that do not apply can be left blank.

The DHS has also reminded employers that they should use the Additional Information field to record any additional information required to complete Section 2, or any updates that are necessary once Section 2 is complete. This includes extensions of employment authorization or a document’s expiration date, replacement document information if a receipt was previously presented, or additional documentation that may be presented by certain employees with temporary work visas.

DHS now specifically notes that employers should initial and date each additional notation.

Other minor changes to the proposed form include the condensing of the A-number, I-94 and Foreign Passport boxes into one box, and the removal of the QR code box. The “smart” online version of the Form I-9 automatically generated a QR code meant to assist with record retention and tracking. 

Employers have an opportunity to submit public comments regarding the proposed changes by May 31, 2022 here:  https://www.regulations.gov/commenton/USCIS-2006-0068-0422

We will continue to provide updates as they become available.  Should you have any questions, please contact ALG.