The new Form I-9 is here

A new Form I-9 has been published by U.S. Citizenship and Immigration Services and employers can begin using it immediately. They are required to use the new version as of November 1.

The form, which must be completed for all new hires, has been slimmed down to one page. As with the previous version of the form, it includes one section for the employee to fill out and one for the employer to complete.

Remote review option added

Perhaps the most significant change relates to the review of employee documents. Employers must look over documents presented by the employee that prove the employee’s identity and authorization to work in the U.S.

Examples of documents that an employee may present include a:

• Passport,
• Driver’s license, or
• Social Security card.

As with the previous version of the form, the employee gets to decide which documents to present.

If an employer is enrolled in E-Verify, however, the employer now has the option of reviewing the documents remotely, such as during a video call. E-Verify is an Internet-based system that compares information entered by an employer from an employee’s Form I-9, to records available to the U.S. Department of Homeland Security and the Social Security Administration.

Employers not enrolled in E-Verify, however, must examine the documents in-person or authorize someone to do it for them. This could be a spouse, friend, roommate, or anyone the employer trusts to carry out these responsibilities.

What else is new about the Form I-9?

The revised Form I-9 has:

• A revision date of 08/01/23,
• A standalone page (Supplement A) that is used for preparers and translators,
• A standalone page (Supplement B) that is used for reverifications and rehires,
• A box that can be checked by eligible employers when the form’s documentation is reviewed under an alternative procedure (e.g., remotely), and
• Links to information about acceptable receipts and extensions of employment authorization documents on the Lists of Acceptable Documents page.

In addition, the new form:

• Changes the phrase “alien authorized to work” to “noncitizen authorized to work,”
• Clarifies the difference between “noncitizen national” and “noncitizen authorized to work,”
• Can be filled out on tablets and mobile devices.

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

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