October 31st Changes to I-9 Forms

LEGAL UPDATE: On July 31, 2023 the flexibility in completing I-9 forms remotely will expire

by | October 6, 2022

I-9 forms are used as an HR onboarding document to record employment eligibility, as required by the federal government. 


UPDATE 10/31/22:

The flexibility in completing these forms remotely has been extended to July 31, 2023.

The current I-9 form has been extended to be used past its original expiration date of October 31, 2022, and instead, employers should continue to use the current form until an updated version has been released. The updated version will take the traditional I-9 form and present it in a new format that will compress sections one and two to reduce paper. 

Section three, the Reverificatioon and Rehire Supplement, will be moved to a stand-alone provision, to be accessed as needed. The list of acceptable documents will now be expanded to include a link to ‘List C’ documents on the U.S. Citizenship and Immigration Services website. Additionally, the A-number, I-94, and Foreign Passport boxes will be composed into one box and the QR code will be removed. Employers should initial and date each additional notation. 

The new document will total seven pages, as opposed to fifteen. All electronic PDF enhancements will be removed so the form can be completed on all electronic devices. Employers who are currently taking COVID-19 precautions, qualify as E-Verify participants, and those who work in remote or hybrid environments can continue to inspect I-9 forms virtually for newly hired employees within three business days from the date of hire. Be sure to check if you qualify for remote inspection. 

Practice tip: 

Employers should continue to track who will need to have their I-9s updated upon returning to work in person at the end of the flexibility policy. 

Forms should be updated in person, when possible. If done virtually, a document copy policy of all identity and work authorization documents should be put into place. You should begin to phase out inspecting documents remotely.


On October 31st,  the flexibility in completing these forms remotely will expire and employers will once again need to conduct an in-person inspection of the documents. Additionally, the traditional I-9 form will be presented in a new format that will compress sections one and two to reduce paper. 

Section three, the Reverificatioon and Rehire Supplement, will be moved to a stand-alone provision, to be accessed as needed. The list of acceptable documents will now be expanded to include a link to ‘List C’ documents on the U.S. Citizenship and Immigration Services website. Additionally, the A-number, I-94, and Foreign Passport boxes will be composed into one box and the QR code will be removed. Employers should initial and date each additional notation. 

The new document will total seven pages, as opposed to fifteen. All electronic PDF enhancements will be removed so the form can be completed on all electronic devices. Employers who are currently taking COVID-19 precautions, qualify as E-Verify participants, and those who work in remote or hybrid environments can continue to inspect I-9 forms virtually for newly hired employees within three business days from the date of hire. Be sure to check if you qualify for remote inspection. 

Practice tip: 

Employers should continue to track who will need to have their I-9s updated upon returning to work in person at the end of the flexibility policy. 

Forms should be updated in person, when possible. If done virtually, a document copy policy of all identity and work authorization documents should be put into place. You should begin to phase out inspecting documents remotely. 


You should not use virtual flexibility for any employees that are permanently remote, as the policy is only applicable to employees affected by COVID-19-related issues. Remote employees are to complete the I-9 using the Authorized Representative.

Where does your business stand?

Complete a complimentary, no-obligation evaluation to identify needs and uncover gaps in your business processes and compliance.