The U.S. Citizenship and Immigration Services (USCIC) announced a new version of Form I-9, which verifies the employment authorization and identity of employees, along with an alternate procedure for verification. Beginning August 1, 2023, employers may use the new Form I-9. All applicable employers must use the new form starting November 1, 2023. Only employers enrolled in E-Verify are permitted to use the alternative verification procedure, and it goes into effect on August 1, 2023. While the updated procedure does not expire, the Department of Homeland Security may amend or cancel it at any time.
Form I-9 Updates:
- Reduces form to a single sheet
- Can be filled on mobile devices, including tablets
- Moves Section 1 (Preparer/Translator Certification area) to a standalone supplement to be provided when needed
- Moves Section 3 (Reverification and Rehire) to a standalone supplement to be used when needed
- Changes the List of Acceptable Documents page, adding acceptable receipts, guidance, and links to additional details on automatic extensions of specific documents
- Includes a checkbox that allows employers to indicate the examination of I-9 documentation remotely rather than by physical exam
- Reduces the instructions to 8 pages (from 15 pages)
Verification Procedure Updates:
For eligible employers enrolled in E-Verify, an alternative procedure for verifying documentation is an option. It must occur within three business days of the new hire’s first day of employment. Additionally, both employer and employee must follow these steps:
- Employee: Transmit a copy of Form I-9 to the employer
- Employer: Examine the document to ensure its authenticity
- Employer: Conduct live video interaction with the employee, who provides the same documentation
- Employer: Indicate on Form I-9 that the alternative procedure was used to verify documentation
- Employer: Retain a clear, legible copy of all documentation provided by the employee (and make it available in the event of an audit)
Full details around the updated form and verification procedure, plus downloadable forms, are available through the USCIS website.
This article is informational and does not constitute legal or financial advice. Consult with an employment lawyer or accountant for additional clarification on how these changes impact your company.
