October 31, 2022

Form I-9 Expirations, Extensions, and Updates

The U.S. Citizenship and Immigration Services made three announcements related to changes in Form I-9 processing.

  1. On October 3, 2022, the validity of Permanent Resident Cards (PRC) was extended from 12 months to 24 months for certain lawful permanent residents who have filed Form I-90, Application to Replace Permanent Resident Card, to renew their PRC. When completing Form I-9, new employees may present an expiring or expired PRC with a Form I-797 receipt notice as a List A document that extends the PRC for 24 months from the Card Expires date on the front of the card. Employers may not reverify current employees who presented this document in  combination with the original 12-month extension when they originally completed Form I-9.
  2. On October 11, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that employers should continue to use the Form I-9 with the expiration date of October 31, 2022. The Department of Homeland Security (DHS) will publish a Federal Register notice to announce the new version of the Form I-9 once it becomes available.
  3. On October 19th, the Flexibility Rule was extended for the 14th (?) time.  This is the longest extension and will continue through July 31, 2023.  Employers may continue to view employment authorization documents (EADs) remotely for employees who are expected to work 100% remotely.

You may want to bookmark USCIS’ Form I-9 news page and check periodically for updates.