New Form I-9 to be Released

The U.S. Citizenship and Immigration Services issued the following statement July 21, 2023.

U.S. On August 1, 2023, U.S. Citizenship and Immigration Services (CIS) will release a revised Form i-9, Employment Eligibility Check (PDF, 899.28KB). The form has been improved to include a checkbox that employers who are enrolled in E-Verify may use to confirm they have examined documents of identity and employment authorization remotely under a procedure approved by the Department of Homeland Security.

DHS published a final rule on July 21, 2023 in the Federal Register, which recognizes that COVID-19 temporary flexibilities will end as of July 31, and gives DHS authority to authorize employers to examine Form I-9 documents using optional alternatives. DHS published a document to accompany the Federal Register that describes and authorizes employers who are enrolled in E Verify to examine remotely their employees’ employment authorization and identity documents.

Federal Register document allows certain employers to conduct a remote examination of Form I-9 documents instead of having to physically examine the documents. To be eligible to participate in the DHS authorized alternative procedure for the remote examination Form I-9 documents, employers must enroll in E-Verify. They also need to examine and retain all documents and conduct a video interview with the employee.

Employers who participated in E-Verify, and created cases for employees whose documents had been examined during COVID-19 flexibility (March 20,2020 to July 31,2023), may use the new alternative procedures starting August 1, 2023. This will satisfy the physical document inspection requirement by Aug. 30 2023. Employers who did not enroll in E-Verify for the COVID-19 flexibility period must conduct a physical examination in person by August 30, 2023.

The new Form I-9 is:

Reduce Sections 1 and 2, to a one-sided sheet

It is designed to be filled out on mobile and tablet devices.

Employers can now provide employees with a standalone supplement for Section 1 Translator/Preparer Certification;

The section on reverification or rehire is now a separate supplement that employers may print when they need to rehire or reverify;

Updated the List of Acceptable Documents to include a few acceptable receipts, as well as links and information about automatic extension of employment authorization documents.

Reduces form instructions from 15 to 8 pages.

Included is a checkbox that allows employers to indicate that they have examined Form I-9 documents remotely, using an alternative procedure authorized by DHS rather than physically.

On August 1, 2023, the revised Form I-9 (edition number 08/01/23), will be available on Employers may continue to use the current Form I-9, edition date 10/21/19, until October 31, 2023. All employers will have to use the new I-9 form starting Nov. 1, 2023.