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Federal Law Alert

USERRA and Form I-9 Updates

It’s feast or famine with federal employment law news, and this month, we are well fed!

USERRA Expanded to Protect FEMA Workers The federal Uniformed Services Employment and Reemployment Rights Act (USERRA), which applies to employers of all sizes, has been expanded to provide employment protections to Federal Emergency Management Agency (FEMA) Reservists while they are deployed to disasters and emergencies or critical trainings. FEMA Reservists are on-call personnel that serve as the main FEMA workforce during an emergency or disaster.

FEMA has provided FAQs about the new protections, and you can learn more about USERRA on the platform.

Form I-9 is Expiring, but Keep Using it Anyway

The current Form I-9, Employment Eligibility Verification, will technically expire on October 31, 2022, as noted on the form itself. However, the U.S. Citizenship and Immigration Services (USCIS) says employers should continue using the current Form I-9 after its expiration date (because a new form hasn’t been released yet). We’ll provide an update when the new version is available.

Remote Form I-9 Document Inspection Flexibility Extended Until July 31, 2022

The Department of Homeland Security (DHS) has once again extended the policy that provides employers with flexibility related to in-person Form I-9 document inspection. This latest extension is in effect until July 31, 2023

You can read the extension announcement here, and keep an eye on this same page for additional Form I-9 news.

Legal Disclaimer: OTP is not engaged in the practice of law. The content in this post should not be construed as legal advice, and does not create an attorney-client relationship. If you have legal questions concerning your situation or the information you have obtained, you should consult with a licensed attorney. OTP cannot be held legally accountable for actions related to its receipt.


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