Employment Eligibility Verification (Form I-9) Changes Proposed

On March 30, 2022, the Department of Homeland Security (DHS) published a series of proposed changes to the Employment Eligibility Verification form (Form I-9) that would significantly overhaul the document’s structure.

The changes, which are designed to simplify the process and clarify requirements, include:

• Reducing the first two sections to one page from the current two to save on paper.
• Separating the third section to stand alone and only be accessible if necessary.
• Adding a link to C documents in the List of Acceptable Documents on the website of the US citizenship and immigration services.
• Reducing the number of instructions pages from 15 to seven to make them easier to understand.
• Adapting the form so it can be filled out on any device.

The DHS also intends to change the N/A rule, which required new hires to fill out all fields, even optional ones. Optional fields can now be left blank.

Employers are also advised that any extra information needed to fill out section 2 should be recorded in the additional information field, which must be initialed and dated.

The DHS has opened the floor to public comments regarding these proposed changes. In the past, the agency has implemented many changes suggested by the public.

The proposed changes will go into effect on Oct. 31 2022, when the current form is due to expire.