Form I-9 Expires Aug. 31

An announcement extending the form’s expiration date, with clarifications, is expected soon

August 9, 2019
LIKE SAVE

​The federal government's Form I-9, used by HR departments across the country to verify workers' employment eligibility, is expiring at the end of the month.

The Department of Homeland Security (DHS) is expected to extend the current version of the form (marked 8/31/2019) without changes, although minor clarifications will be made to the form's instructions.

[SHRM members-only toolkit: Complying with I-9 and E-Verify Requirements in the United States]

Here are three of the proposed revisions:

  • Employers may designate anyone to be an authorized representative to complete Section 2 of the form. The employer is still liable for any violations committed by the designated person. John Fay, president of the LawLogix division of Hyland Software, a company that specializes in cloud-based I-9, E-Verify and immigration compliance services, explained that employers face difficulties in completing I-9s for remotely hired workers and need more-specific instructions to clarify who may serve as an authorized representative to complete the form.
  • Writing "N/A," or not applicable, in the identity-document columns is no longer necessary. When entering document information in the List A column (or, alternatively, in the List B and List C columns), you will not need to enter "N/A" in the columns that are not used. "The requirement to enter 'N/A' in certain portions of the form could be burdensome and unclear," Fay said. "Now, for example, if you have an employee present a U.S. passport, which is recorded in the List A column, you do not need to write 'N/A' in all of the fields in the List B and List C columns."
  • The form's List C documents that establish employment authorization do not include a worker's Employment Authorization Document (EAD). The List C documents include a Social Security card and birth certificate, while the EAD (Form I-766) providing temporary employment authorization to work in the United States is a List A document.

While it is still unclear whether DHS will provide a new expiration date for the form this month, past practice indicates that employers may continue to use the current Form I-9, even after the expiration date of the current form, until a revised version is available.

LIKE SAVE

Job Finder

Find an HR Job Near You
Search Jobs

HR Professional Development Programs Right For You

Find SHRM Education Programs Across the U.S. and Virtually

Find SHRM Education Programs Across the U.S. and Virtually

Find a Seminar

SPONSOR OFFERS

Find the Right Vendor for Your HR Needs

SHRM’s HR Vendor Directory contains over 10,000 companies

Search & Connect
temp_image