USCIS Extends Form I-9 Expiration Date

On Aug. 2, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced that it updated its Employment Eligibility Verification form, also known as Form I-9, to extend the form’s expiration date from July 31, 2026, to May 31, 2027.

Employers must use the Form I-9 dated “08/01/2023,” which may have an expiration date of either “07/31/2026” or “05/31/2027.” Employers may use either form until its respective expiration date. However, the USCIS’s website will only include the Form I-9 with the new “05/31/2027” expiration date for downloading.

The USCIS encourages employers to use the form with the “05/31/2027” expiration date as soon as possible but no later than July 31, 2026.

Background

On Aug. 1, 2023, the USCIS published a new version of the Form I-9 that employers were required to use beginning on Nov. 1, 2023. Some of the most notable changes included the following: 

·         Sections 1 and 2 were reduced to a single sheet; all previous fields remained, but some fields were merged;

·         The preparer/translator certification area was moved to a standalone supplement that employers can use as necessary for initial verification or recertification;

·         Section 3 (Reverification and Rehire sections) was moved to a standalone supplement that employers can use as necessary; and

·         The list of acceptable documents now includes some acceptable receipts, guidance and links to information on automatic extensions of employment authorization documentation.

The new Form I-9 included updated instructions. These instructions were condensed from 15 to eight pages and contained additional definitions, streamlined processes, and an explanation of how to use the new checkboxes to indicate when Form I-9 documents were examined remotely.

More Information

Employers can find additional resources by visiting the USCIS’ I-9 Central or joining a free Form I-9 webinar. 

Highlights

• On Aug. 2, 2024, the USCIS announced it updated the Form I-9, extending the form’s expiration date from July 31, 2026, to May 31, 2027.
• Employers must use the form with the “05/31/2027” expiration date no later than July 31, 2026.

This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.© 2024 Zywave, Inc. All rights reserved.