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USCIS Publishes New Form I-9

In response to the final rule regarding virtual remote verification of employment authorization documents published by DHS on July 21, 2023, USCIS has published a new Form I-9, Employment Eligibility Verification, with a version date of “(Rev. 08/01/23).” The new form will be available for use beginning August 1, 2023. The prior version of Form I-9 (Rev. 10/21/19) continues to be effective through October 31, 2023, to provide employers time to adjust their practices to the new form. After October 31, the prior version will no longer be valid for use. 

What's Changed?

The new I-9 form is designed to be easier to complete for both employers and employees. It has been reduced to a single page with two supplements to be included only if necessary—Supplement A should be completed if a preparer or translator is used, and Supplement B should be used in cases of reverification and rehire. Additionally, it now includes a checkbox for employers that use the new alternative document examination procedure (i.e., virtual remote verification).

USCIS 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 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.

Untitled Design

USCIS Made the Following Modifications

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 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.


For more information and detailed guidelines, read the full DHS's Introduction of a New Version of Employment Eligibility Verification Form.

MORE INFORMATION

LABOR & EMPLOYMENT LAW

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