New Form I-9 Available
What's Happening? on Monday, July 31, 2023
New Form I-9 Available August 1st, 2023
On July 21st, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced a new version of Form I-9, also known as the Employment Eligibility Verification form. Employers are required to use this form to verify that their employees are authorized to work in the United States. Employers can begin using the new form August 1st, 2023.
What will be changing with Form I-9?
As explained by USCIS, the new Form I-9:
Reduces Sections 1 and 2 to a single-sided sheet;
Is designed to be a fillable form on tablets and mobile devices;
Moves the Section 1, Preparer/Translator Certification, area to a separate, standalone supplement that employers can provide to employees when necessary;
Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when rehire occurs or reverification is required;
Revises the Lists of Acceptable Documents page to include some acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documentation;
Reduces form instructions from 15 pages to eight pages; and
Includes a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a Department of Homeland Security (DHS)-authorized alternative procedure rather than via physical examination.
The agency announcement also explains that the revised Form I-9 (edition date Aug. 1, 2023) will be published on uscis.gov on August 1st, 2023. Employers can use the current Form I-9 (edition date Oct. 21, 2019) through October 31st, 2023. Starting November 1st, 2023, all employers must use the new Form I-9.
Remote Document Verification
On July 21st, 2023, USCIS announced a final rule in the Federal Register that recognizes the end of temporary COVID-19 flexibilities on July 31st, 2023. The final rule also provides the DHS with the authority to authorize optional alternatives for employers to examine Form I-9 documentation.
Under current requirements, employers must physically inspect I-9 acceptable documents to certify their employers are authorized to work in the United States. However, with the final rule, DHS also published an accompanying document in the Federal Register providing employers enrolled in E-Verify the option to remotely examine their employees’ identity and employment authorization documents under a DHS-authorized alternative procedure.
The remote verification option will not be available to employers unless they enroll in E-Verify.
To participate in the remote examination of Form I-9 documents under the DHS-authorized alternative procedure, employers will need to:
- 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.
Document Verification Timeline
Employers that were participating in E-Verify and created a case for employees whose documents were examined during COVID-19 flexibilities (March 20, 2020, to July 31, 2023) may choose to use the new alternative procedure starting on August 1st, 2023, to satisfy the physical document examination requirement by August 30th, 2023.
Employers that were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person physical examination by August 30th, 2023.
For any questions on this update, please reach out to HRConnect at (319)234-8888 or by email at firstname.lastname@example.org.