FORM I-9 2022: ICE Announces New Extension Date and Requirements

A new I-9 Form is in the works! The still confusing HR onboarding document used to record employment eligibility verification, as required by the federal government, is slated to undergo a significant structural overhaul by the time the current form expires on October 31, 2022. Although the I-9 form is a 2-page document, there is a 15-page instruction page and over 70 pages in a manual to complete the form. The plan to streamline the I-9 form and make it less cumbersome includes the following proposed changes:

• Compressing Sections 1 and 2 from two pages to one page to reduce paper use.
• Moving Section 3 to a separate Reverification and Rehire Supplement, making it “a stand-alone section, which only is accessed if needed.”
• Updating the List of Acceptable Documents to include a link to List C documents (on the U.S. Citizenship and Immigration Services website) issued by DHS. Some List C documents were unlisted, so this will be a helpful resource.
• Reducing and simplifying the form’s instructions from 15 pages to 7 pages.
• Removing electronic PDF enhancements to ensure that the form can be completed on all electronic devices. “Problems that some users may have had due to software issues may be reduced.”

The Department of Homeland Security (DHS) once again is extending its flexibility regarding the physical presence requirements for I-9 inspection until October 31, 2022, due to the ongoing precautions related to the COVID-19 pandemic. The DHS has extended the I-9 Remote Option.
This also extends the requirements that employers who use this process need to put in place. For example, Eligible employers may continue to inspect Section 2 documents remotely (e.g., over video… fax, or email)! But must still revert the physical documents when normal operations resume! Employers must provide written documentation of their remote onboarding and telework policy for each covered employee. While this flexibility is helpful to employers, it only impacts remote employees. These employers must understand that they are still required to reverify documents for those remote employees when normal operations resume.

• What changes are being proposed to the I-9 Form?
• Why are the I-9 form changes being proposed now?
• Learn what resources are available to help complete the I-9 form.
• Learn what mistakes are trending when completing the I-9 form.
• Learn what steps you can take when conducting your internal I-9 form audit.
• Learn how the DHS flexibility extension is still creating confusion.
• Learn how the HR associations are requesting to make the remote I-9 form option be permanent.
• Learn how employers can be compliant with the DHS remote I-9 form requirements.

The I-9 form preparation, correction, and internal audit are still a headache and even a nightmare for employers and professionals. This training will identify some of the mistakes that are made which will assist in reducing errors and fines and penalties.
DHS extends the flexibility to use the I-9 form remote option but employers still need to reverify documents and have a policy in place unless that criteria changes. At this time, there are no discussions on what needs to happen if this option is made permanent and how it will impact employers.

• All Employers
• Business Owners
• Company Leadership
• Compliance professionals
• Office Managers
• HR Professionals
• Managers/Supervisors
• Employers in all industries

Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors.  Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.

Margie is a speaker and accomplished trainer and has created and presented compliance seminars/webinars for over 16 US and International compliance institutes. Margie has testified as a compliance subject matter expert (SME) for several regulatory agencies and against regulatory agencies, thank goodness not on the same day. Margie offers compliance training to HR professionals, business owners, and leadership to ensure compliance with workplace and regulations.

Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings.

Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).