The U.S. Citizenship and Immigration Services (USCIS) – the government agency that oversees lawful immigration to the United States – is reminding all employers that they must start using a revised version of “Form I‑9, Employment Eligibility Verification” with Edition Date 08/01/2023 that is available in both English and Spanish versions by November 1, 2023.
Employers may use the previous Form I-9 with Edition Date 10/21/19 up to October 31, 2023. Employers who fail to use the new Form I-9 with Edition Date 08/01/2023 by November 1, 2023, may be subject to penalties under the Immigration and Nationality Act (INA) that is enforced by the U.S. Immigration and Customs Enforcement (ICE). The revised Form I-9:
- Reduces Sections 1 and 2 to a single-sided sheet;
- Is designed to be a fillable form on tablets and mobile devices;
- Moves the Section 1 Preparer/Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary;
- Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when rehire occurs or reverification is required;
- Revises 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;
- Reduces Form instructions from 15 pages to 8 pages; and
- Includes a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a U.S. Department of Homeland Security (DHS)-authorized alternative procedure rather than via physical examination.
The Immigration Reform and Control Act of 1986 (IRCA) requires employers to use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete a Form I-9 for every individual they hire. The Form I-9 is available on the USCIS website at USCIS.gov/i-9.
ClearStar is a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. ClearStar offers employers “better, easier, faster, and safer” workforce screening solutions that include Form I-9 verifications to ensure legal workforces. To learn more about ClearStar, contact us today.
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