All employers must timely and properly complete a Form I-9 to verify the identity and work authorization of employees hired to work in the United States on or after November 6, 1986. USCIS (United States Citizenship and Immigration Services) has announced that it will publish a new revised Form I-9 that will be available for use beginning August 1, 2023. Significant changes have been made to Form I-9 (Rev. 08/01/23) and the ways in which the form may be completed. The current version of Form I-9 (Rev. 10/21/19) continues to be effective through October 31, 2023. The updated version, Form I-9 (Rev. 08/01/23), must be used beginning November 1, 2023.
Changes to the Form I-9 process and the updated Form I-9 (Rev. 08/01/23) include:
Remote Inspection for E-Verify Employers
Employers not enrolled in E-Verify must continue to physically inspect the valid and original identity and work authorization documents.
Employers enrolled in E-Verify can inspect such identity and work authorization documents remotely as of August 1, 2023. These E-Verify employers would check a box indicating that the employee’s Form I-9 documentation was examined under a DHS-authorized alternative procedure rather than via physical examination.
Certain employers were able to use temporary policies related to COVID-19 which permitted them the flexibility of remote inspection from March 20, 2020, to July 31, 2023. These employers must inspect documents physically and update Section 2 accordingly by August 30, 2023. E-Verify employers that availed themselves of the flexibility due to the pandemic must still update their Forms I-9 by August 30, 2023, but may choose the alternative procedure of remote inspection beginning August 1, 2023.
Section 1 and Section 2 are now on a single-sided sheet. The new form should be fillable on tablets and mobile devices. Certain features were removed, such as the requirement to enter N/A in certain fields, so that the form can be downloaded easily.
New Supplement Pages
The Section 1 Preparer/Translator Certification on page 1 of the Form I-9 was moved to a separate, standalone supplement, Supplement A.
Section 3, Reverification and Rehire, also has been moved to a separate, standalone supplement, Supplement B. Employers can print and complete Supplement B for reverification and for certain rehires. Employers may attach additional supplement sheets as necessary to the Form I-9. As a reminder, employers should not reverify identity documents or permanent resident cards.
Notice and Instructions
The new Form I-9 includes additional guidance for employers on how to complete the Form I-9. Specifically, the changes include the following:
- Updated notice at the top of the Form I-9 that explains how to avoid discrimination in the Form I-9 process;
- Updated List of Acceptable Documents to include acceptable receipts and add guidance and links to information on automatic extensions of employment authorization documentation;
- Instructions reduced from 15 pages to 8 pages;
- Added instructions for use of the new checkbox for E-Verify employers that choose to examine Form I-9 documentation remotely under an alternative procedure; and
- Added definitions of key actors in the Form I-9 process.
The new Form I-9 and instructions should be published by August 1 and will be found at www.uscis.gov/I-9.
Foster will continue to monitor developments and will make future updates available via Immigration Updates© and via our website at www.fosterglobal.com.