Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
The new Form I-9, Employment Eligibility Verification, which was released on August 1, 2023, must be used for all new hires, effective November 1, 2023. The grace period—during which an employer could use the new Form I-9 or the Form I-9 (10/21/2019 version)—ends October 31, 2023.
The highlights of the new Form I-9 are as follows:
One Page for Sections 1 and 2 – The new Form I-9 reduces Sections 1 and 2 to one page. The USCIS asserts this change ensures a more efficient and user-friendly experience for employers.
Remote Examination Checkbox – One of the most notable additions to the new Form I-9 is the inclusion of a checkbox that allows employers enrolled in E-Verify to indicate that they have examined the employee’s identity and employment authorization documents remotely. For more information on remote examination of documents, click here.
Reverification and Rehire (formerly Section 3) – Supplement B, formerly known as Section 3, which covers reverification and rehiring, is now a separate page.
Preparer/Translator Certification for Section 1– The Preparer/Translator Certification has been moved to a separate page, entitled Supplement A.
Change from “Alien” to “Noncitizen” in Section 1, # 4 – The USCIS has changed the term “alien” to “noncitizen.”
Elimination of Response “N/A” in Section 1 – The USCIS eliminated the need to write “N/A” in unused Section 1 fields, such as “Other Last Names Used,” and “Apt. Number.”
Lists of Acceptable Documents – The Lists of Acceptable Documents page has been revised to include acceptable receipts in addition to physical documents. The updated Form I-9 also provides guidance and links to information on automatic extensions of employment authorization documentation.
The revised Form I-9, with an edition date of 08/01/23, is available in on the USCIS website (www.uscis.gov). To ensure compliance with the revised Form I-9 and alternative procedure, employers should familiarize themselves with the updated instructions and requirements. Littler attorneys will continue to be available to explain these changes and all aspects of the Form I-9.