On August 1, 2023, the United States Citizenship and Immigration Services (USCIS) released a new version of the Form I-9, Employment Eligibility Verification which is now available for use. To help our clients stay in compliance, we are sharing some of the key aspects of the change requirements.
The new form can be found at: I-9 Employment Eligibility Verification (uscis.gov)
- The new, streamlined Form I-9 for employers is available for use starting August 1, 2023.
- The older Form I-9 (Rev. 10/21/19) may be used until October 31, 2023. Use of this form after October 21, 2023, may result in penalties.
- The U.S. Department of Homeland Security (DHS) issued a final rule enabling alternative document examination procedures, like remote document examination.
- The new Form I-9 will now include a checkbox to indicate if an employee's Form I-9 documentation was examined using a DHS-authorized alternative procedure.
- After August 1, 2023, only E-Verify employers in good standing can conduct electronic verifications. This move could pave the way for permanent remote examinations for all employers.
- The new Form I-9 has sections for employee identification and attestation of citizenship or work authorization status, collected at the time of hire (Section 1) and within three days of hire (Section 2).
- Additional sections, Supplement A and B, are completed for assistance from preparers/translators and during rehire or reverification respectively.
- I-9 forms should be retained for a specified period post-termination and made available for inspection by DHS, DOJ, or DOL. Non-compliance could lead to penalties.
- Key updates to the Form I-9 include reducing the sections to a single-sided sheet, moving some areas to separate supplements, using mobile-friendly features, and updating language. There is also a checkbox for employers using the alternative document examination procedure.
- Instruction length is reduced from 15 pages to 8 pages, and new definitions and steps are added to the instructions. Abbreviations charts are relocated to the M-274, Handbook for Employers.
If you have any questions, please feel free to contact us at Porte Brown for more information.
