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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Thomas Ahearn - Digital Content Editor
Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources (HR) technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), Form I-9, identity theft, privacy, social media screening, and workplace violence.
At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.
