Employer Alert: Employers Should Continue To Use The Existing Form I-9

Posted on Oct 17, 2022 by Chris Prescott

Form I-9 is used by U.S. employers to verify the identity and employment authorization of new employees and must require one for each individual hired.

Employees attest to the fact that they are authorized to work and must present acceptable documents to evidence this.  The employer is required to examine these documents to make sure that the documents appear to be reasonably genuine.  For the list of acceptable documents please refer to the following:


During the pandemic, completion of the I-9, specifically the examination of documents, became trickier, since new employees, were being hired to work remotely.  As a result, USCIS, allowed certain flexibilities, specifically in relation to the physical inspection of Form I-9 documentation.  Employees who work remotely are exempt from the physical inspection requirements associated with Employment Eligibility Verification until such time as they undertake non-remote employment.  This flexibility is extended through July 31, 2023.


The current Form I-9 expires on October 31, 2022.  However, USCIS has announced that employers should continue to use the current form until a new version becomes available.


For questions related to the above please contact us at cprescott@patellegal.com.