New Revised Form I-9 Now Available for Employment Eligibility Verification
On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) – the government agency that oversees lawful immigration to the United States – published a revised version of “Form I‑9, Employment Eligibility Verification” (Edition Date 08/01/2023) in both English and Spanish versions that all employers must start using by November 1, 2023.
Employers may use the previous Form I-9 with an Edition Date of 10/21/2019 through October 31, 2023. Starting November 1, 2023, employers who fail to use the 08/01/2023 Edition of Form I-9 may be subject to penalties under the Immigration and Nationality Act (INA) 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.
On July 21, 2023 – the same day the USCIS announced the publishing of a new Form I-9 on August 1, 2023 – the DHS announced a final rule in the Federal Register that recognizes the end of temporary COVID-19 flexibilities as of July 31, 2023, and provides DHS the authority to authorize optional alternatives for employers to examine Form I-9 documentation.
The DHS also published an accompanying document in the Federal Register describing and authorizing employers enrolled in E-Verify the option to remotely examine their employees’ identity and employment authorization documents under a DHS-authorized alternative procedure instead of the current requirement to examine documents in person.
Employers who were participating in E-Verify and created a case for employees whose documents were examined during COVID-19 flexibilities that extended from March 20, 2020, to July 31, 2023, may choose to use the new alternative procedure starting on August 1, 2023, to satisfy the physical document examination requirement by August 30, 2023.
ClearStar is a leading provider of Human Capital Integrity technology-based services specializing in background checks, drug testing, and occupational health screening. ClearStar offers employers pre-employment screening that includes employment eligibility verification of Form I-9s to ensure legal workforces. To learn more about ClearStar, please contact us today.
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