On October 11, 2022, the Department of Homeland Security (DSH), U.S. Immigration and Customs Enforcement (ICE), announced that an extension of the Form I-9 flexibilities first announced in March 2020 and updated in March 2021. The DHS will continue Form I-9 flexibility for another nine months until July 31, 2023.

In addition, the DHS announced that employers should continue using the Form I-9, Employment Eligibility Verification, after its expiration date of Oct. 31, 2022 until further notice. DHS will publish a Federal Register notice to announce the new version of the Form I-9 once it becomes available.

Previously, it was anticipated that on November 1, 2022, there were going to be major changes to these flexibilities. Those appear to be on hold for now. We will continue to monitor this situation and provide timely updates accordingly.

Please see our previous client alert on this topic for further details.