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DHS Seeking Public Comments on Proposed Revisions to Form I-9

The current Form I-9 expires on October 31, 2022, and the Department of Homeland Security (DHS) is seeking public comment on a proposed extension and changes to Form I-9 instructions and the Form I-9.

DHS published Federal Register notice 87 FR 18377 on March 30 to invite public comments on its proposed extension of and revisions to Form I-9, Employment Eligibility Verification, before it expires on October 31. DHS is proposing Form I-9 be extended and revised as follows:

  • Compress Sections 1 and 2 from two pages 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 reverifications and rehires within three (3) years of the date of the initial execution of an employee’s Form I-9.
  • 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 pages to 7 pages, further reducing paper usage.
  • Remove electronic PDF enhancements to ensure that it can be completed on all electronic devices and is not software dependent.

Next Steps for Employers

Employers are encouraged to review the proposed revision to the form and instructions and submit comments. The comment period will be open until May 31. Comments can be submitted by going to Federal Register notice 87 FR 18377 and selecting the “Submit a Formal Comment” tool.

HR Works will continue to monitor this topic and provide updated information as it becomes available.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.