Adapting to Change: Navigating the New Updates to Form I-9 and its Impact on Employment Eligibility Verification

On Tuesday, July 25, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced that a new version of Form I-9 (Rev. 08/01/23) will be available for use beginning August 1, 2023. The existing Form I-9 (Rev. 10/21/19) will remain valid through October 31, 2023. Starting on August 1, 2023, employers will be able to download the new Form I-9 (Rev. 08/01/23) from the USCIS website. Beginning November 1, 2023, penalties may apply to employers who do not utilize the new form.

The revised Form I-9 comes with several significant changes designed to streamline the process and reduce the burden on both employers and employees:

1. The Section 1 Preparer/Translator Certification area has been relocated to a separate supplement (Supplement A), which employers can provide to employees as needed. Employers may attach additional supplement sheets as necessary.
2. The Section 3 Reverification and Rehire area has also been moved to a standalone supplement (Supplement B) for employers to print when rehiring or reverification is necessary.
3. The form is now tablet and mobile device-friendly.
4. The Lists of Acceptable Documents page has been updated to include certain acceptable receipts and links to information on automatic extensions of employment authorization documentation.
5. A box has been added for eligible employers to confirm if the employee’s Form I-9 documentation was examined under a DHS-authorized alternative procedure rather than a physical examination.

Another noteworthy change concerns the inspection of Form I-9. From August 1, 2023, the Department of Homeland Security (DHS) introduces a new rule that offers employers an alternative to in-person physical document examination for remote employees. This alternative procedure is only available to employers in good standing in the E-Verify program, with compliance across all their U.S. hiring sites.

In line with these changes, current COVID-19 flexibilities for Form I-9 inspections will cease on July 31, 2023. Employers will then be required to carry out physical inspections by August 31, 2023.

Given the significant changes to the form, we recommend that employers familiarize themselves with the new Form I-9 and its Instructions page provided by USCIS. With the increasing prevalence of remote workforces, it is also worth exploring whether your business qualifies for the alternative Form I-9 inspection procedures through E-Verify enrollment.

At TLD Law, we understand that these changes can be overwhelming and complex. Our expert team in the Employment Law practice is available to provide advice and guidance on this matter. We invite you to reach out to us for assistance on Form I-9 revisions, E-Verify enrollment, and how these changes could impact your business. We are here to ensure that you navigate these changes smoothly and stay compliant with the law. Contact TLD Law today at info@tldlaw.com to set up a consultation.