New Form I-9 announced

A new Form I-9 is available, and employers need to use the revised version after November 1. The updates include an option for remote review of employee documents.

The Department of Homeland Security (DHS) published an announcement of the new form in a Federal Register notice on July 25. In a separate Federal Register notice, the agency said it will allow employers enrolled in E-Verify to remotely examine identity and employment authorization documents.

What’s different about the Form I-9?

The new Form I-9, which has a revision date of 08/01/23:

• Has been slimmed down to one page,
• Can be filled out on tablets and mobile devices,
• Can be easily downloaded,
• Includes a box that can be checked by eligible employers when the form’s documentation is reviewed under an alternative procedure (remotely),
• Includes a standalone supplement (Supplement A) that is only filled out when a preparer or translator is used,
• Includes a standalone supplement (Supplement B) that is only completed for reverifications and rehires,
• Changes “alien authorized to work” to “noncitizen authorized to work,”
• Clarifies the difference between “noncitizen national” and “noncitizen authorized to work,”
• Updates the Lists of Acceptable Documents to include some acceptable receipts and links to information on extensions of employment authorization documents, and
• Has 8 pages of instructions, rather than the 15 that accompany the current form.

Who needs to use the new Form I-9?

The Form I-9 must be used by all employers to verify the identity and employment authorization of new employees during the hiring process.

Employers could begin using the new form on August 1. They may continue to use the prior version of the form, with a revision date of 10/21/19, through October 31, 2023.

As of November 1, 2023, however, all employers must use the new version of the Form I-9.

Employers do not need to complete a new Form I-9 for current employees who already have a properly completed Form I-9 on file.

The new form can be downloaded from the U.S. Citizenship and Immigration Services I-9 website.

Remote review an option for E-Verify employers

The DHS announced that it will also allow E-Verify employers to remotely examine an employee’s identity and employment authorization documents.

To use the remote review option, employers must:

• Be enrolled in E-Verify,
• Examine and retain copies of all documents,
• Conduct a live video interaction with the employee, and
• Create an E-Verify case if the employee is a new hire.

Between March 20, 2020, and July 31, 2023, the agency has allowed flexibility for employers to remotely review employee documents because of the COVID-19 pandemic.

Employers that were participating in E-Verify during that time may use the new alternative procedure to satisfy the physical documentation requirement by August 30, 2023.

Employers not enrolled in E-Verify during this time must complete an in-person physical inspection of documents by August 30, 2023.

Key to remember: Employers can start using the new Form I-9 on August 1 and are required to use the new version after November 1, 2023.