During the pandemic, the Department of Homeland Security announced that Form I9 would undergo a renewal process. I9 Form is one of the forms used in all work settings and for employment authorization processes.
For two years, which correspond to May 1, 2020, and April 30, 2022, the Department of Homeland Security allowed the employees to use the expired List B documents. However, on May 1, 2022, the Department of Homeland Security stopped this practice by announcing that the temporary policy had been withdrawn.
Today, employers who will use this form for employment authorization are using the new and updated version. Thus, make sure that you get the updated version for your new recruitment.
What Is New in I9 Form 2023?
Now, whenever an employer stops working for an employee, there will be no need to take any action.
In addition, the initial List B document, which has expired by extension by the issuing authority, will be deemed unexpired only if it is presented by the Department of Homeland Security. No actions are required for this practice.
Now employees will have to write the document’s title, the initial date of the change, expiration date, and issuing authority number in the Additional Information box, which you can find in Section 2 of the form.
In the event that the employee is still working for the employer, the employee needs to furnish an unexpired document that will establish the employee’s identity. This document can be a List A document, which will establish both employment authorization and identity, or a renewed List B document.
Other Details that Employers Need to Know About I9 Form
Although List B documents are not in use anymore, at least for I9 Form purposes, employers can still review their documents virtually, by fax, email, or over video link until October 31, 2022.
This will ensure flexibility in the transaction until the employees take action about non-remote employment or the policy is terminated. We believe the online I9 Form flexibility rules, which were put into practice because of the pandemic, will be a permanent change.
The Department of Homeland Security is still working on its rulemaking process, especially in terms of I9 Form compliance. Additional updates may be announced by the Department of Homeland Security about future operations and notifications. However, this is all you need to know for now.