Updated Form I-9

A new Form I-9 (Rev. 08/01/23) will be available for employers to use on or after August 1, 2023, and once released can be found on the USCIS website. The version date, noted in parenthesis, can be found in the bottom corner of Form I-9.

The prior version of Form I-9 (Rev. 10/21/19) continues to be effective through October 31, 2023. Beginning November 1, 2023, only the Form I-9 (Rev. 08/01/23) will be accepted. Employers shouldn’t complete the new Form I-9 (Rev. 08/01/23) for current employees who already have a properly completed Form I-9 on file unless reverification applies after October 31, 2023.

The overhaul to Form I-9 is quite extensive and includes the following changes:

• Section 1, Preparer/Translator Certification, is now a standalone document (Supplement A) that employers can provide to employees when necessary.
• Section 3, Reverification and Rehire, is now a standalone document (Supplement B) that employers can use if reverification is required.
• Form I-9 can now be filled out on tablets and mobile devices as well as easily downloaded.
• The term “alien authorized to work” in Section 1 has been replaced with “noncitizen authorized to work.”
• The Lists of Acceptable Documents page now includes acceptable receipts, as well as guidance and links to information on automatic extensions of employment authorization documents.
• A box has been added that eligible employers need to check if Form I-9 documentation was examined using the new alternative verification procedure.
• The instructions have been, mercifully, reduced from 15 pages to 8.

Remote Verification, aka “Alternative Procedure” for Form I-9 Verification

Qualified employers are allowed to conduct Form I-9 remote documentation verification for any employee hired on or after August 1, 2023. Employers need to follow specific steps to remotely verify Form I-9 documents.

Qualified employers are those that are participants in good standing in federal E-Verify. Employers are in good standing if all of the following are true:

• They have enrolled in E-Verify for all hiring sites in the United States that use the alternative procedure.
• They are compliant with all E-Verify program requirements.
• They continue to be enrolled in E-Verify and in good standing at any time when they use the alternative procedure.

Ensuring your employment authorization is properly completed can be time-consuming and risky. It may be time to talk to The Employer Group to find out how we can be your solution for your HR compliance needs.

 

 

This information does not constitute legal advice.