The U.S. Citizenship and Immigration Services (USCIS) – the government agency that oversees lawful immigration to the United States – has announced the publishing of a new version of “Form I‑9, Employment Eligibility Verification” that employers must use to verify the identity and employment authorization of their employees beginning on November 1, 2023.
Only the new Form I-9 dated “08/01/2023” may be used beginning on November 1, 2023. The version date can be found in the lower left corner of the form. A revised Spanish Form I-9 dated “08/01/2023” is available for use in Puerto Rico only. The USCIS also offers a “Form I-9 Employment Eligibility Verification: Summary of Changes to Form and Instructions” for employers.
Overview of Form I-9 changes:
- Reduced Sections 1 and 2 to a single sheet. No previous fields were removed. Multiple fields were merged into fewer fields when possible, such as in the employer certification.
- Moved the Section 1 Preparer/Translator Certification area to a separate Supplement A that employers can use when necessary. This supplement provides three areas for current and future preparers and translators to complete as needed. Employers may attach additional supplements as needed.
- Moved Section 3 Reverification and Rehire to a standalone Supplement B that employers can use as needed for rehire or reverification. This supplement provides four areas for current and subsequent reverifications. Employers may attach additional supplements as needed.
- Removed use of “alien authorized to work” in Section 1 and replaced it with “noncitizen authorized to work” and clarified the difference between “noncitizen national” and “noncitizen authorized to work.”
- Ensured the form can be filled out on tablets and mobile devices by downloading onto the device and opening in the free Adobe Acrobat Reader app.
- Removed certain features to ensure the form can be downloaded easily. This also removes the requirement to enter N/A in certain fields.
- Improved guidance to the Lists of Acceptable Documents to include some acceptable receipts, guidance, and links to information on automatic extensions of employment authorization documentation.
- Added a checkbox for E-Verify employers to indicate when they have remotely examined Form I-9 documents.
Overview of Form I-9 Instructions changes:
- Reduced length from 15 pages to 8 pages.
- Added definitions of key actors in the Form I-9 process.
- Streamlined the steps each actor takes to complete their section of the form.
- Added instructions for the new checkbox to indicate when Form I-9 documents were remotely examined.
- Removed the abbreviations charts and relocated them to the M-274.
In addition, the USCIS is offering a “Form I-9 Overview Webinar” so employers may learn about Form I-9 requirements, step-by-step instructions on how to complete each section, acceptable documents, retention, and storage. All U.S. employers must 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.
© 2023 ClearStar. All rights reserved. – Making copies of or using any part of the ClearStar website for any purpose is prohibited unless written authorization is first obtained from ClearStar. ClearStar does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.
Let's start a conversation
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.
