DHS Seeks Input on Making Remote I-9 Review Permanent
On March 30, 2022, the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) published Federal Register notice 87 FR 1877 to invite public comment on its proposed extension and revisions to Form I-9 Employment Eligibility Verification. The current form expires on October 31, 2022. The DHS is asking for public comments on the proposed extension and revisions before making a final decision. Comments are due May 31, 2022.
DHS is proposing that Form I-9 be extended and revised as follows:
- Compress Sections 1 and 2 from two to one page to reduce paper use and storage burden on employers.
- Change Section 3 to a Reverification and Rehire Supplement that provides three separate areas to enter re-verifications and rehires within three years of the initial execution of an employee's Form I-9. Employers would only print and use the supplement as needed, further reducing employers' paper use and storage burdens.
- Update the List of Acceptable Documents to include a link to List C documents issued by DHS and the acceptable receipts listed in 8CFR 274a.2(b)(1)(vi)(A-C).
- Reduce and simplify the instructions from 15 to 7 pages, further reducing paper usage.
- Remove electronic PDF enhancements to ensure that they can be completed on all electronic devices and is not software dependent.
The Paperwork Reduction Act of 1995 specifies a 60-day and a 30-day notice period for this I-9 extension form. The 60-day comment period will end on May 31. To learn more about the form's suggested modifications, as well as to submit comments, go to Federal Register notice 87 FR 18377.
Background on Form I-9
The Immigration and Nationality Act (INA) requires all employers to complete and retain Form I-9, Employment Eligibility Verification for every employee that works for pay or other types of payment that they hire in the U.S. after November 16, 1986.
What is the Form I-9?
USCIS requires all U.S. employers to ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and non-citizens. The employer must verify the employee's identity and employment authorization on the form. The employee and employers or an employer's authorized representative must complete Form I-9.
How do you complete Form I-9?
The Form I-9, Employment Eligibility Verification, consists of three sections:
Section 1: Employee Information and Attestation (completed by employees)
Employer responsibilities for Section 1:
- Employers must provide instructions to complete the form and the list of acceptable documents. Additionally, employers may request that their employees complete Form I-9 on their first day of employment (date of hire) or before their first day of work if they accept the job offer.
- Employers must review the information their employees provide to ensure their employees:
- They completed all required fields.
- They provide their Social Security numbers if you participate in E-Verify. (If you do not participate in E-Verify, employees are not required to enter their Social Security number.)
- Your employees signed and dated their forms.
- If the employee used a preparer or translator, the preparer or translator completed, signed, and dated the Preparer/Translator section.
Employee Responsibilities for Section 1:
- Full legal name.
- Employees with two last names (family names) should enter both names. Employees with two first names (given names) should enter both names.
- Employees with only one name should enter it in the Last Name field, entering "Unknown" in the First Name field.
- Employees should include the hyphen (-) or apostrophe (') if their names have them.
- Employees with a middle name should enter the middle initial.
- If applicable, other legal last names are used, including a maiden name. Current address, including street name and number, city, state, and ZIP code. Include the apartment number or letter if applicable.
- Date of birth.
- Citizenship or immigration status, by checking the appropriate box to indicate whether they are a U.S. citizen, a non-citizen national, a lawful permanent resident of the U.S., or a non-citizen authorized to work in the U.S.
- If applicable, Alien Number/USCIS Number, Form I-94 admission number, or foreign passport number (including country of issuance), and the date employment authorization expires.
- Signature and the date.
Section 2: Employer or Authorized Representative Review and Verification (completed by employers).
Employers must fill out and sign section 2 of the form within three business days after their employee's hire (the hire date is the first day of employment for pay).
Employer responsibilities for Section 2:
- Section two is completed by the employer or the employer's designated representative. Employers must complete this portion of the form within three business days of the employee's first day of employment.
- Employers need to double-check that section 1 is filled out correctly and while in the presence of the employee.
- Enter the employee's last name, first name, middle initial, and select the correct citizenship/immigration number in the "Employee Info from Section 1" area at the top of Section 2.
- Ensure that any document your employee presents is original and on the Lists of Acceptable Documents or is an acceptable receipt.
- Physically examine each document to determine if it reasonably appears genuine and relates to your employee presenting it. If employers determine the document does not reasonably appear genuine and relate to the employee, allow the employee to offer other documentation from the Lists of Acceptable Documents.
- Enter the employee's Last Name, First Name, and Middle Initial (if provided) from Section 1.
- Enter the document title, issuing authority, number(s), and expiration date (if any) from the original document(s) your employee presented.
- Enter the date your employee began or will begin work for pay.
- Enter the first and last name, signature, and title of the person completing Section 2 and the date they completed Section 2.
- Enter the employer's business name and address. If the company has multiple locations, use the most appropriate address that identifies the employer's location concerning the employee and their Form I-9 completion (for example, the address where Form I-9 is completed).
- Return the documentation presented back to the employee.
Employee responsibilities for Section 2:
- Employees must provide unexpired original documentation that proves their employment authorization and identity.
- Employees are free to choose which documents to bring with them:
- One document from List A; or
- One document from List B in combination with one document from List C.
Section 3: Reverification and Rehires (Completed by employers)
Employer responsibilities for Section 3:
When an employee's work authorization or employment authorization documentation has expired, employers must complete Section 3.
- Employers may fulfill Section 3 if the employee is rehired within three years after they initially completed Form I-9.
- The employee legally changed their name.
- Employers must also complete the last name, first name, and middle initial fields in the Employee Info from Section 1 at the top of Section 2 when completing Section 3.
- Employers must re-verify their work authorization for each employee authorized to work in the United States after their visa expires.
- Employers are required by Section 1 to determine whether an employee's employment authorization had ended and, if so when it did so.
- The employment authorization expiration date provided by the employee in Section 1 may not match the document expiration date recorded under List A or List C in Section 2.
Employers who rehire workers within three years of the completion date of a previous Form I-9 must fill out a new Form I-9 or Section 3 of the old one if they complete a new Form I-9 for the employee.
To complete Section 3 for rehires, employers must:
- Confirm that the original Form I-9 relates to the employee.
- Examine the original Form I-9 to see if the employee is still authorized to work and whether any employment authorization documents obtained in Section 2 (List A or List C) have now expired (or been auto-extended). Follow the instructions to see if reverification is required.
- If the employee is still authorized to work and his or her employment authorization paperwork is still valid, fill in Section 3 with the date of the rehiring.
- Request that the employee submit an unexpired List A or List C document if their authorization to work has been revoked or the employment authorization documentation has since expired and needs to be verified. Do not re-verify a worker's List B (identity) document. Fill in the details of the document and the date of rehiring in Section 3.
- Sign and date Section 3.
Compliance Resources from Orange Tree
For more information about the proposed changes and their impact on your business, sign up for our free webinar. We will be covering this topic and other compliance updates that employers should know about.
If you have any questions about this proposed extension or revision of Form I-, please get in touch with USCIS by email at Forms.Management@uscis.dhs.gov or by telephone at (800)870
We recommend employers review and discuss with your legal counsel your organization’s policies and procedures to ensure continued compliance with the changing laws and regulations.
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