New I-9 Form for Employers

The U.S. Citizenship and Immigration Services (“USCIS”) announced that beginning August 1, 2023, employers should use a new Form I-9 that will be available for download beginning that date. The old Form I-9 will be accepted only until October 31, 2023. Beginning November 1, 2023 employers submitting the old version will be subject to applicable penalties and fines. Employers do not need to complete a new Form I-9 for current employees who have a properly completed form on file, unless reverification applies after October 31, 2023.

The USCIS Enforcement also announced an alternative document review process for employers who participate in E-Verify. Employers in good standing may conduct remote documentation and verification with employees via video conference once the employee has submitted their documents electronically to the employer for review. Employers can use this new process starting August 1, 2023.

New I-9 Form Changes

The new form will be made available for download beginning August 1, 2023, from the USCIS website. This new form has several revisions aimed at streamlining the process to complete the form by employers and employees. According to the release, the following updates to Form I-9 were made:

• Reduced Sections 1 and 2 to a single-sided sheet. No previous fields were removed. Rather, multiple fields were merged into fewer fields when possible.
• Moved the Section 1 Preparer/Translator Certification area to a separate, standalone supplement (Supplement A) that employers can provide to employees when necessary. Employers may attach additional supplement sheets as needed.
• Moved the Section 3 Reverification and Rehire area to a separate, standalone supplement (Supplement B) that employers can print if or when rehire occurs or reverification is required. Employers may attach additional supplement sheets as necessary.
• Removed the use of “alien authorized to work” in Section 1 and replaced it with “noncitizen authorized to work” as well as clarified the difference between “noncitizen national” and “noncitizen authorized to work.” • Ensured the form can be filled out on tablets and mobile devices.
• Removed certain features to ensure the form can be downloaded easily. This also removes the requirement to enter N/A in certain fields.
• Updated the notice at the top of the Form I-9 that explains how to avoid discrimination in the Form I-9 process.
• Revised 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.
• Added a box that eligible employers must check if the employee’s Form I-9 documentation was examined under a DHS-authorized alternative procedure rather than via physical examination.

USCIS also updated the following in the Form I-9 instructions:

Reduced the length of instructions 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 use of the new checkbox for employers who choose to examine Form I-9 documentation under an alternative procedure.

Removed the abbreviations charts and relocated them to the M-274, Handbook for Employers: Guidance for Completing Form I-9.

For questions regarding the new Form I-9 or E-Verify, please contact a member of Barrett McNagny’s Labor Relations and Employment Law team listed below.