Form I-9 Related News
Stay up to date with the latest Form I-9 related news. For material older than three years or that is no longer current, see our Archive News section.
Do you employ Temporary Protected Status (TPS) Beneficiaries? If so, they may be eligible for an up to 540-day extension of their EAD.
If an individual with TPS or a pending TPS application applies to renew their TPS Employment Authorization Document (EAD) on or before October 26, 2023, according to the relevant Federal Register notice relating to their TPS country designation, their TPS EAD is extended for up to 540-days from the date shown on their TPS EAD.
On June 8, 2023, USCIS announced that certain additional Afghan parolees are employment authorized incident to parole. This updated guidance applies to certain Afghan parolees whose unexpired Form I-94, Arrival/Departure Record, contains a class of admission of "PAR" and indicates Afghanistan as the country of citizenship on the document, if their parole has not been terminated.
On June 8, 2023, the U.S. Department of Homeland Security (DHS) announced guidance for certain Afghan nationals to maintain parole and employment authorization for up to two years.
For more information on the guidance, please see Afghan Employees with Parole.
Secretary of Homeland Security Alejandro Mayorkas extended and redesignated South Sudan for Temporary Protected Status (TPS) from Nov. 4, 2023, through May 3, 2025. Current beneficiaries who want to maintain their status must re-register from Sept. 5, 2023, through Nov. 4, 2023. South Sudanese nationals and individuals with no nationality who last habitually resided in South Sudan may submit an initial registration application under the redesignation of South Sudan for TPS and apply for an Employment Authorization Document (EAD).
All Form I-9, Employment Eligibility Verification, requirements remain in effect for areas affected by the 2023 Hawaii wildfire. All employers must continue to complete and retain Form I-9 for all individuals they hire.
Employees affected by the 2023 Hawaii wildfire who need to replace lost, stolen or damaged documents to complete Form I-9 should visit the Immigration Relief in Emergencies or Unforeseen Circumstances page at Immigration Relief in Emergencies or Unforeseen Circumstances.
Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Sudan for Temporary Protected Status (TPS) for 18 months, from Oct. 20, 2023, through April 19, 2025. Sudanese nationals and aliens having no nationality who last habitually resided in Sudan may submit an initial registration application under the redesignation for TPS for Sudan and apply for an Employment Authorization Document (EAD).
Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Ukraine for Temporary Protected Status (TPS) for 18 months, from Oct. 20, 2023, through April 19, 2025. Current beneficiaries who want to maintain their status must re-register from Aug. 21, 2023, through Oct. 20, 2023. Ukrainian nationals and individuals having no nationality who last habitually resided in Ukraine may submit an initial registration application under the redesignation for TPS for Ukraine and apply for an Employment Authorization Document (EAD).
Employers enrolled in E-Verify during the COVID-19 temporary flexibilities may use an alternative procedure to satisfy the requirement of physically examining Form I-9 documents that had been examined remotely under the COVID-19 flexibilities.
In May 2023, ICE announced that employers had until August 30, 2023, to physically inspect all documents that had been examined remotely using the COVID-19 flexibilities.
On July 25, 2023, DHS announced an alternative procedure for Form I-9 in a Federal Register Notice. Based on the Notice, employers who meet four requirements may choose an alternative procedure in lieu of physically examining Form I-9 documentation that had been examined remotely under the COVID-19 flexibilities.
To qualify for the alternative procedure, the employer must have:
The new version of Form I‑9, Employment Eligibility Verification (PDF, 483.6 KB) is now available for use. This version contains changes to the form and instructions, including shortening the Form I‑9 to one page and reducing the instructions to eight pages.
What Form I‑9 versions may be used
Employers may begin using the new Form I‑9 today, Aug. 1, 2023.
The Form I‑9 dated "10/19/2019” may continue to be used through Oct. 31, 2023. The version date can be found at the lower left corner of the form.
Beginning Nov. 1, 2023, only the new Form I‑9 dated "08/01/23” may be used.
A revised Spanish Form I‑9 dated “08/01/23” is available for use in Puerto Rico only.
A summary of changes (PDF, 185.1 KB) to the Form I‑9 and instructions is available online.
U.S. Citizenship and Immigration Services (USCIS) announced a new version of Form I‑9, Employment Eligibility Verification. Employers must use Form I‑9 to verify the identity and employment authorization of their employees.
Now only one page long, the new edition is easier for employers and employees. Other improvements include clearer instructions and providing guidance on acceptable receipts and the auto-extension of some documents found on the Lists of Acceptable Documents.
Employers may begin using the new edition beginning Aug. 1, 2023, but may continue to use the 2019 version of the form through Oct. 31, 2023. Beginning Nov. 1, 2023, only the new Form I‑9 dated ”08/01/2023” may be used. The version date can be found at the lower left corner of the form.
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