No trick: Continue using the current Form I-9 after October 31 expiration date

According to the U.S. Citizenship and Immigration Service (USCIS), employers should continue using the current Form I-9, Employment Eligibility Verification, after its expiration date of October 31, 2022, until further notice. The agency will publish a Federal Register notice to announce the new version of the Form I-9 once it becomes available, but the USCIS is silent on when that will happen.

The proposed changes to the form include:

• Reducing the number of pages from two to one.
• Turning the form’s current Section 3 into a Reverification and Rehire Supplement that is only used as needed.
• Providing three separate areas for entering information on the Reverification and Rehire Supplement.
• Simplifying the instructions, reducing them from 15 pages to seven.
• Updating the List of Acceptable Documents to include a link to List C documents that are issued by the DHS and acceptable receipts listed in the regulations at 8CFR 274a.2(b)(1)(vi) (A-C).
• Removing electronic PDF enhancements to ensure that the form can be completed on all electronic devices.

Federal law requires every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. to complete a Form I-9, Employment Eligibility Verification. Employers need not, however, complete a new Form I-9 for current employees who already have valid I-9 Forms on file.