Preparing for the 2026 form I-9 deadline? All you need to know
As HR professionals know, this form is crucial for verifying an employee’s identity and their eligibility to work in the United States. This new extension gives employers more time to ensure they are compliant with federal regulations.
The U.S. Citizenship and Immigration Services (USCIS) recently extended the expiration date for Form I-9, Employment Eligibility Verification, to May 31, 2027.
Key changes to the Form I-9
One of the most important updates is the requirement to use the August 1, 2023 edition of Form I-9. The new expiration date is May 31, 2027, but for now, employers may continue using older forms bearing the July 31, 2026 expiration date.
Both versions are acceptable, but HR teams should note the differences in expiration dates and prepare to transition to the newer version well before the final deadline.
Compliance timeline for employers
Employers must fully adopt the updated Form I-9 by July 31, 2026, meaning all forms after this date must display the new expiration date of May 31, 2027. While previously downloaded or printed forms are still valid for now, USCIS recommends transitioning to the updated version as soon as possible.
Staying ahead of this timeline can prevent last-minute scrambles or potential compliance issues.
Electronic I-9 systems: what’s required
Many employers use electronic systems for managing Form I-9 records. If your organization falls into this category, it’s critical to update these systems to include the new expiration date. This ensures that all documentation is up to date and compliant with the new requirements, avoiding any future complications. USCIS has made it clear that updating electronic systems is not just encouraged but required by July 2026.
Remote work and I-9 verification updates
The extension of Form I-9’s expiration date also coincides with updates related to remote work, as employers increasingly need flexibility in document verification processes. The Department of Homeland Security (DHS) continues to allow certain employers to verify employee documents remotely, providing more options for companies managing distributed workforces.
This aligns with broader trends in flexible work policies, making it easier for HR teams to stay compliant, regardless of employee location.
Importance of timely compliance
Failure to comply with the Form I-9 regulations can result in significant penalties for employers. HR professionals must stay informed of the latest requirements to avoid these consequences.
By adopting the updated Form I-9 as soon as possible, employers can mitigate risk and ensure that their workforce is properly documented and authorized to work in the U.S.
Best practices for HR teams
To stay compliant, HR teams should review their current processes for managing Form I-9 documentation. This includes ensuring that all forms are filled out accurately, up to date, and easily accessible.
Teams should also set internal deadlines for adopting the new form well before the official July 2026 deadline. Implementing these best practices now will not only keep your organization compliant but also save time and reduce stress as the final deadline approaches.
Download the new form I-9 here.
With the new Form I-9 expiration date extended to May 31, 2027, HR professionals have the opportunity to proactively manage their compliance. Employers should take this time to transition to the new edition, update their systems, and review remote verification options to ensure a smooth and penalty-free process.
Disclaimer: The content of this article is provided for general informational purposes only and should not be construed as legal advice from Workable.
Frequently asked questions
- What is the latest expiration date for Form I-9?
- The U.S. Citizenship and Immigration Services (USCIS) extended the expiration date for Form I-9 to May 31, 2027. Employers can continue using forms with the July 31, 2026 expiration date until July 2026, but they should transition to the August 1, 2023 edition well before the deadline.
- When must employers adopt the new Form I-9?
- Employers are required to adopt the updated Form I-9 by July 31, 2026. After this date, all forms must reflect the new expiration date of May 31, 2027. Transitioning early is recommended to avoid compliance issues and penalties. USCIS advises adopting the new form as soon as possible.
- What changes should employers make to electronic I-9 systems?
- Employers using electronic systems for I-9 management must update them to include the new expiration date of May 31, 2027. This update is required by July 2026 to ensure that records remain compliant and prevent any issues during audits or document verification for remote employees.
- How does the Form I-9 extension impact remote work verification?
- The extension coincides with flexibility in remote document verification. The Department of Homeland Security (DHS) allows some employers to verify I-9 documents remotely, making it easier for companies with distributed teams to stay compliant with updated regulations and avoid penalties.
- What are the risks of non-compliance with Form I-9 requirements?
- Failure to comply with Form I-9 regulations can result in significant penalties, including fines. Employers must stay updated on current requirements, use the latest version of the form, and ensure that all forms are accurately completed. Early adoption of the new form can help mitigate these risks.