2022 New I-9 Form Changes Proposed: The Remote Flexibility Extension and The Legal Pitfalls

Form I-9: What's New in 2022?

The recent Form I-9 updates make it clear that if you're an employer, you're no longer permitted to accept expired Form I-9 List B documents. So it's best to ensure your Form I-9 compliance and periodic audits by experienced counsel can help you do it. The still confusing HR onboarding document used to record employment eligibility verification, as required by the federal government, is slated to undergo a significant structural overhaul by the time the current form expires on Oct. 31.

Employers must provide written documentation of their remote onboarding and telework policy for each covered employee. While this flexibility is helpful to Employers, it only impacts remote employees. These Employers must understand that they are still required to reverify documents for those remote employees when normal operations resume.

Although the I-9 form is a 2-page document, there is a 15-page instruction page and over 70 pages in a manual to complete the form. The plan to streamline the I-9 form and make it less cumbersome includes the following proposed changes:

-Compressing Sections 1 and 2 from two pages to one page to reduce paper use.
-Moving Section 3 to a separate Reverification and Rehire Supplement, making it "a stand-alone section, which only is accessed if needed.
-Updating the List of Acceptable Documents to include a link to List C documents (on the U.S. Citizenship and Immigration Services website) issued by DHS. Some List C documents were unlisted, so this will be a helpful resource.
-Reducing and simplifying the form's instructions from 15 pages to 7 pages.
-Removing electronic PDF enhancements to ensure that the form can be completed on all electronic devices, which may reduce the problems that some users may have had due to software issues.

The Department of Homeland Security (DHS) once again is extending its flexibility regarding the physical presence requirements for I-9 inspection for until October 31, 2022, due to the ongoing precautions related to the COVID-19 pandemic. The DHS has extended the I-9 Remote Option. This also extends the requirements that Employers who use this process need to put in place.

For example: Eligible employers may continue to inspect Section 2 documents remotely (e.g., over video… fax, or email) -  but must still reverify the physical documents when normal operations resume!

Join us on Compliancevent to understand how the proposed changes could affect you. You will also receive a FREE customized tool to implement an error-free way to ensure Form I-9 compliance.

Get Answers to

-What changes are being proposed to the I-9 Form?
-What are the most common mistakes you're likely to make while completing the I-9 form?
-What steps can you take when conducting your internal I-9 form audit?
-How the DHS flexibility works?
-Why are the I-9 form changes being proposed now?
-What resources are available to help complete the I-9 form?
-Why is the extension still creating confusion?
-How are the HR associations requesting to make the remote I-9 form option to be permanent?
-How can employers comply with the DHS remote I-9 form requirements?

Why Should You Join Us?

DHS extends the flexibility to use the I-9 form remote option but Employers still need to reverify documents and have a policy in place unless that criteria changes. The I-9 form preparation, correction, and internal audit is still a headache and even a nightmare for Employers and professionals. This training will identify some of the mistakes that are made which will assist in reducing errors you're likely to make and the fines and penalties that you may be charged with.

At this time, there are no discussions on what needs to happen if this option is made permanent and how it will impact Employers. Join us this July to stay updated with the recent developments in this regard.

Who Will Benefit?

-All Employers
-Business Owners
-Company Leadership
-Compliance professionals
-Office Managers
-HR Professionals
-Managers
-Supervisors
-Employers in all industries
 

You may ask your Question directly to our expert during the Q&A session.