August 3, 2023

New Form I-9 Available to Employers

United States Citizenship and Immigration Services announced that as of Aug. 1, 2023, a new Form I-9 is available to employers. Employers may use the previous version of the form through Oct. 31, 2023. Subsequently, only the new Form I-9 will be acceptable. We recommend that organizations do not wait until Nov. 1 to begin using the new Form I-9 and instead begin transitioning their onboarding practice to include the updated form. This new form will expire on July 31, 2026.

The new Form I-9 has been reduced from two pages to one and includes a streamlined process with clear instructions on how to fill out the form. The instructions have been reduced from 15 pages to eight. There is also additional guidance on acceptable receipts and auto-extension of certain employment documents. This attempts to limit any gaps in employment. The previous Section 1 Preparer and/or Translator Certification area has been moved to a separate supplement that employers can utilize if necessary. Section 3, Reverification and Rehire, has also been moved to a separate supplement if the employer needs to use it. The form is now fillable on tablets and mobile devices.

A new remote option on Form I-9 eliminates the mandate of reviewing the employee’s identity and employment authorization documents in-person. Employers who already participate in and are in good standing with E-Verify can conduct verification electronically with a video call. If the employer does not participate in E-Verify, the employer has until Aug. 30, 2023, to complete all required physical examinations of identity and employment authorization documents for individuals hired after March 19, 2020, who had received remote examination under temporary COVID-19 rules.