New Form I-9 Published
Beginning November 1, 2023, only the new Form I-9 dated "08/01/2023” may be used.
U.S. Citizenship and Immigration Services (USCIS) announced a new version of the Form I-9, replacing the previous version from 2019.
Employers may begin using the new edition beginning August 1, 2023, or may choose to continue to use older Form I-9 (Rev. 10/21/19) through October 31, 2023.
Here is an Overview of the Form I-9 Changes:
Reduced Sections 1 and 2 to a single sheet. Multiple fields were merged into fewer fields.
Moved the Section 1 Preparer/Translator Certification area to a separate Supplement A that employers can use when necessary.
Moved Section 3 Reverification and Rehire to a standalone Supplement B that employers can use as needed for rehire or reverification.
Removed use of “Alien Authorized to Work” in Section 1 and replaced it with “Noncitizen Authorized to Work”
Clarified the difference between “Noncitizen National” and “Noncitizen Authorized to Work.”
Ensured the form can be filled out on tablets and mobile devices by downloading onto the device and opening in the free Adobe Acrobat Reader app.
Improved guidance to the Lists of Acceptable Documents to include some acceptable receipts, guidance, and links to information on automatic extensions of employment authorization documentation.
Added a checkbox for E-Verify employers to indicate when they have remotely examined Form I-9 documents.
Keeping I-9 Records
Employers should maintain proper records of their use of E-Verify, including the verification queries, tentative non-confirmation (TNC) resolutions, and any other related documentation. These records may be subject to government audits, so it's essential to keep them well-organized and accessible.
Remote Form I-9 Changes
The recent update to the Form I-9 has brought a change for employers who use the system, E-Verify, to check their employees' documents.
The DHS confirmed that only employers that use E-Verify and who are in good standing may continue to conduct verifications electronically after August 1, 2023.
With the new update, E-Verify employers now have an additional option to examine their employees' documents remotely.
This alternative procedure is useful for situations where remote work is common or when employees may not be able to come to the workplace in person for verification. It allows employers to follow the rules for employment verification while adapting to changing work environments and remote work arrangements.
Enrolling in E-Verify:
If the employer is eligible and chooses to use E-Verify, they must enroll through the official USCIS E-Verify website. The registration process involves providing necessary business information and agreeing to comply with the program's rules and regulations.
Determining E-Verify Eligibility:
Not all employers are required to use E-Verify. It's essential to check whether their business falls under the mandatory use category. Federal contractors and some employers in certain states may be required by law to use E-Verify.