U.S. Citizenship and Immigration Services will release an updated version of Form I-9, Employment Eligibility Verification, on August 1, 2023. Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. Both employees and employers (or authorized representatives of the employer) must complete the form.
Among the form enhancements is a checkbox that companies participating in E-Verify can utilize to indicate that they remotely checked identity and employment authorization documents using an alternate approach approved by the Department of Homeland Security (DHS).
DHS published a final rule in the Federal Register on July 21, 2023, recognizing the expiration of interim COVID-19 flexibilities as of July 31 and granting DHS the ability to permit optional alternatives for employers to check Form I-9 evidence.
At the same time, DHS published in the Federal Register a supporting document outlining and permitting employers enrolled in E-Verify to remotely review their employees’ identity and employment authorization documents using a DHS-authorized alternative approach.
The Federal Register publication allows certain employers to remotely check Form I-9 paperwork rather than the present obligation to inspect documents in person. Employers must be enrolled in E-Verify, examine and retain copies of all documents, conduct a live video interaction with the employee, and create an E-Verify case if the employee is a new hire to participate in the remote examination of Form I-9 documents under the DHS-authorized alternative procedure.
Employers who participated in E-Verify and created a case for employees whose documents were examined during the COVID-19 flexibilities (March 20, 2020 to July 31, 2023) may use the new alternative procedure beginning August 1, 2023 to satisfy the physical document examination requirement by August 30, 2023. Employers who did not enroll in E-Verify during the COVID-19 flexibilities are required to complete an in-person physical examination by August 30, 2023.
What is new in the revised Form I-9
Reduces Sections 1 and 2 to a single-sided sheet
Is designed to be a fillable form on tablets and mobile devices
Moves the Section 1 Preparer/Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary
Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when rehire occurs or reverification is required
Revises 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
Reduces Form instructions from 15 pages to 8 pages
Includes a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a DHS-authorized alternative procedure rather than via physical examination.
The revised Form I-9 (edition date 08/01/23) will be published on USCIS website on August 1, 2023. Employers can use the current Form I-9 (edition date 10/21/19) through October 31, 2023. Starting November 1, 2023, all employers must use the new Form I-9.
