What Do You Need to Know?
The U.S. Citizenship and Immigration Services has released a new version of the Updated Form I-9, Employment Eligibility Verification. As of August 11, 2023, employers must begin using the updated Form I-9 (revision date 08/01/23) to verify the identity and employment authorization of all new hires. This new version features minor revisions to make the form easier to complete electronically but does not change the required fields or documentation standards.
- Employers have until October 31, 2023, to adopt the new form.
- Failure to adopt the new form after this date will result in impending liabilities.
- A revised Spanish Form I‑9 dated “08/01/23” is available for use in Puerto Rico only.
What has Changed?
- The form has changed from 2 pages to 1 page – combining Section 1 (Employee portion) and Section 2 (Employer portion).
- Section 1 Preparer/Translator Certification area moved 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.
- Section 3 Reverification and Rehire moved 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.
- 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.”
- Ease of use:
- Form can be filled out on tablets and mobile devices by downloading onto the device and opening in the free Adobe Acrobat Reader app.
- Certain features were removed to ensure the form can 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.
- Employers who use E-Verify and are in good standing may continue to conduct verifications electronically after August 1, 2023. A checkbox has been added to indicate when they have remotely examined Form I-9 documents.
It is important that all new hire onboarding paperwork is kept up to date. This includes ensuring the most recent version of Form I-9 is used, as this form is required by U.S. Citizenship and Immigration Services (USCIS) for all new employees.
- Make sure you update all your on-boarding packets and document with this new form I-9.
- Employees must complete form I-9 (Section 1) and employer must certify (Section 2) no later than the 3rd business day from the employee’s first day of employment.
- The employer must certify on the form that the documents reasonably appear to be genuine, relate to the individual, and authorize the individual to work.
- Form I-9 lists the documents that are acceptable to complete the process and must not be expired.