I-9 Form: 2023 Updates

Is There A New I-9 Form For 2023?

Yes, USCIS has introduced an updated version of the I-9 Form for 2023. Employers should take note of the changes and ensure they are using the most recent version of the form and instructions to stay compliant with federal regulations and avoid costly fines. The new version of the form was first published on August 1, 2023, and employers may begin using the new form as soon as they’d like. Employers can choose to use the previous version of the form until the October 31, 2023 deadline. They will then need to begin using the new version of from I-9 on November 1, 2023.

What Is An I-9 Form?

The I-9 Form, officially known as the Employment Eligibility Verification, is a U.S. Citizenship and Immigration Services (USCIS) form. It is used by employers to verify the identity and employment authorization of individuals hired for employment in the United States. Both citizens and non-citizens must present valid documentation to their employers proving their identity and authorization to work in the U.S.

How To Get I-9 Form?

The new I-9 Form can be downloaded directly from the USCIS website. Employers can find the form, along with its instructions, in the ‘Forms’ section of the website. There is no fee to download or file the I-9 Form.

How To Fill Out I-9 Form?

Filling out the I-9 Form involves both the employee and the employer:

1. Section 1: The employee completes this section, providing their full name, address, date of birth, Social Security number (if applicable), and employment status. They also attest to their employment authorization status.
2. Section 2: Within three business days of the employee’s first day of work, the employer reviews the documents presented by the employee and verifies their authenticity. The employer then completes this section, recording the document title, issuing authority, number, and expiration date, if applicable.
3. Section 3: Used for re-verification and rehires. If an employee’s work authorization expires, employers must re-verify to ensure continued eligibility.

Remember, it’s crucial to avoid discriminating against employees during the verification process. Employers should accept any valid documentation that establishes identity and employment eligibility.

How Often Should I-9 Forms Be Updated?

I-9 Forms do not require regular updating unless there is a change in the employee’s work authorization status. Additionally, if an employee’s employment authorization document (like a visa or work permit) expires, then the employer must re-verify the employee’s eligibility to continue working in the U.S.

Not all documents with an expiration date will require updated verification or Form I-9 updates. For instance, a driver’s license or ID card may expire, but it will not require re-verification depending on the issuing authority.

On the other hand, a work authorization card with an expiration date may need to be updated and re-verified. Refer to the latest guidelines on the USCIS website at all times, when in doubt!

Employees whose documents were being renewed and who provided receipts to their employer during their form I-9 verification will need to provide updated documents and reverification must be completed once they are received, and no later than 90 days from their date of hire.

What are the I-9 form changes?

The USCIS has shared the following overview of what changes were made for the new form I-9 in 2023:

• Reduced Sections 1 and 2 to a single sheet. No previous fields were removed. Multiple fields were merged into fewer fields when possible, such as in the employer certification.

• Moved the Section 1 Preparer/Translator Certification area to a separate Supplement A that employers can use when necessary. This supplement provides three areas for current and future preparers and translators to complete as needed. Employers may attach additional supplements as needed.

• Moved Section 3 Reverification and Rehire to a standalone Supplement B that employers can use as needed for rehire or reverification. This supplement provides four areas for current and subsequent reverifications. Employers may attach additional supplements as needed.

• Removed use of “alien authorized to work” in Section 1 and replaced it with “noncitizen authorized to work” and clarified the difference between “noncitizen national” and “noncitizen authorized to work.”

• Ensured the form could be filled out on tablets and mobile devices by downloading it onto the device and opening it in the free Adobe Acrobat Reader app

• Removed certain features to ensure the form could be downloaded easily. This also removes the requirement to enter N/A in certain fields.

• 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.

 

Additionally, the USCIS shared updates on new instructions for completing the Form I-9:

• Reduced length from 15 pages to 8 pages.

• Added definitions of key actors in the Form I-9 process.

• Streamlined the steps each actor takes to complete their section of the form.

• Added instructions for the new checkbox to indicate when Form I-9 documents were remotely examined.

• Removed the abbreviations charts and relocated them to the M-274.

When does the new I-9 form version go into effect?

Beginning  Nov.  1, 2023, only the new version of form  I-9 dated  “08/01/2023”  must be used.  The version date can be found at the lower left corner of the form.  A revised Spanish Form I-9 dated “08/01/2023”  is available for use in Puerto Rico only.  Any form I-9 dated prior to “08/01/2023” may not be used after Oct. 31, 2023. Employers were provided with a grace period by USCIS and the Department of Homeland Security that allowed them to continue using the previous version until October 31, 2023. After this date, all employees must be hired using the new version of form I-9.

I-9 form Alternative Procedures for Document Examination

The alternative procedure to satisfy the verification of form I-9 documents includes new requirements for onboarding remote employees. The new procedure requires employers to remotely examine Form I-9 documents live, via video call rather than via physical examination, and the following criteria be met:

• Employers must complete enrollment in E-Verify to complete a remote I-9 inspection, with no exceptions!
  • If your company was already using E-Verify during the COVID-19 pandemic and changes to the business were made, you may continue using this procedure rather than via physical inspection of the documents.
  • Additionally, employers enrolled in E-Verify before the Nov. 1, 2023 deadline are already compliant and will not need to take further action.
  • Employers must use this procedure for all remote new hires.
• Clear copies of I-9 identity and work authorization documents are required from the individual.
  • Retain copies of the front and back of the documents if it is two-sided, no exceptions!
• A live inspection via video call with the new hire should be conducted, reviewing the same documents that were previously provided by the individual.
  • Ensure that the documents presented appear to be genuine.
• Indicate on the Form I-9 that an alternative procedure was used for the documentation inspection.
  • the new Form I-9 has a box that must be checked to confirm that the alternative procedure was followed.
• Retain a clear, legible copy of all documentation
• In the event that a Form I-9 audit or investigation from a relevant federal government official occurs, make available all copies of I-9 documents including the verification documents furnished by the employee.
  • Reminder–It’s recommended that employee I-9s be stored in their own confidential file or binder, separate from personnel and confidential files.