2022Form I-9

Written By Digital Content Editor Thomas Ahearn

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have announced an extension of the flexibility in complying with requirements related to “Form I‑9, Employment Eligibility Verification” due to the continued safety precautions related to COVID-19 until July 31, 2023.

The temporary flexibility in Form I-9 compliance was set to expire on October 31, 2022. Employers can monitor DHS announcements and ICE announcements to see when the extensions will end and normal operations resume. For more information, visit the U.S. Citizenship and Immigration Services (USCIS) COVID-19 webpage.

On March 20, 2020, in response to precautions related to COVID-19, the DHS announced flexibility in requirements related to Form I-9 compliance that would exercise prosecutorial discretion to defer the physical presence requirements of the Form I-9 under Section 274A of the Immigration and Nationality Act (INA).

On April 1, 2021, the DHS updated its Form I-9 flexibility – which is still in effect through this extension – so the requirement that employers inspect Form I-9 identity and employment eligibility documentation in-person applies only to employees who physically report to work at a company on a regular basis.

Employees hired on or after April 1, 2021, who work exclusively in a remote setting due to COVID-19 related precautions are temporarily exempt from the physical inspection requirements associated with the Form I-9 under Section 274A of the INA until they undertake non-remote employment on a regular basis.

Since the first expiration date of May 19, 2020, the policy was extended to June 19, 2020, July 19, 2020, August 19, 2020, September 19, 2020, November 19, 2020, December 31, 2020, January 31, 2021, March 31, 2021, May 31, 2021, August 31, 2021, December 31, 2021, April 30, 2022, October 31, 2022, and now July 31, 2023.

The Immigration Reform and Control Act of 1986 (IRCA) requires employers in the United States to complete Form I-9 for all newly-hired employees to verify their identity and their employment authorization to work in the country. Both employers and employees must complete the form that is available at www.uscis.gov/i-9.

COVID-19 is a deadly respiratory illness that spreads from person to person. As of October 21, 2022, there are approximately 626 million global cases and 6.5 million global deaths, while the United States leads the world with approximately 97 million cases and 1 million deaths, according to research from Johns Hopkins University.

Employment Screening Resources (ESR) – a service offering of ClearStar, a leading provider of background checks, drug testing, and occupational health screening – provides a robust Form I-9 and E-Verify solution so employers may compliantly verify work status for a legal workforce. To learn more, contact ESR today.

NOTE: Employment Screening Resources (ESR) – a service offering of ClearStar – does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

© 2022 Employment Screening Resources (ESR) – A Service Offering of ClearStar – Making copies of or using any part of the ESR News Blog or ESR website for any purpose other than your own personal use is prohibited unless written authorization is first obtained from ESR.

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