The New Form:

On July 21, 2023 the U.S. Citizenship and Immigration Services (USCIS) announced a new Form I-9. The new Form I-9 became available for employers to use on August 1, 2023. The old Form I-9 can continue to be used through October 31, 2023, but all employers must be using the new Form I-9 by November 1, 2023.

A copy of the new Form I-9 can be found here.

Notably, some of the changes include:

  • Making the Preparer/Translator Certification a separate supplement to be used when necessary;
  • Making the Reverification and Rehire section a separate supplement to be used when necessary;
  • Revising the list of acceptable documents;
  • Revising the instructions to make them clearer;
  • Improved Form I-9 compatibility for completion on mobile devices and tablets and
  • A checkbox that allows employers to indicate that they examined Form I-9 documents using the approved alternative procedure.

New Remote Verification Procedure

The USCIS also announced an alternative method for verifying employment eligibility for employers who are enrolled and in good standing with E-Verify. Under the alternative procedure, qualified employers must remotely examine the employee’s I-9 documents via live video, complete the Form I-9, and retain copies of all I-9 documents examined remotely with the Form I-9. Employers must also create a case in E-Verify for each new hire.

What to Do Now?

All employers are required to switch to the new Form I-9 for new hires starting on November 1, 2023. Employers are encouraged to switch prior to November 1 to avoid penalties.

Qualified employers can switch to the remote verification procedure, but are not required to do so. Employers who do not want to use remote verification procedure or who are not eligible, should continue to follow the normal in-person verification procedures.

Should any questions arise regarding how to best conform with the new Form I-9 and its requirements, please do not hesitate to contact your Ruder Ware employment law attorney for assistance.

Morgan H. Sweeney, Summer Associate, contributed to this blog post.


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