The U.S. Citizenship and Immigration Service (USCIS) has announced that employers must use new Form I-9 (Rev. 08/01/23) (the “New Form I-9”) by November 1, 2023. USCIS also has issued a new rule that permits employers to use an alternative documentation verification process for employees working remotely.
New Form I-9
Employers use Form I-9 to verify (1) an employee’s identity and (2) authorization to work in the United States. The New Form I-9 includes the following changes:
- Sections 1 and 2 have been combined into a single-page sheet with multiple fields merged into fewer fields when possible;
- Changed the term “alien” to “noncitizen authorized to work” in Section 1, including an explanation of the difference between a “noncitizen national” and “noncitizen authorized to work”;
- Moved the Section 3 Preparer/Translator Certification area to a separate, standalone supplement (Supplement A);
- Moved the Section 3 Reverification and Rehire area to a separate, standalone supplement (Supplement B);
- Made the form easier to download;
- Formatted it in a manner that can be filled out on tablets and mobile devices;
- Updated the notice at the top of the form that explains how employers can avoid discrimination in the Form I-9 process;
- Revised the List of Acceptable Documents page, along with guidance and links;
- Added a box that employers must check if they use the DHS-authorized alternative procedure (described further below); and
- Revised the instructions for employers.
Current employees are not required to complete the New Form I-9 unless reverification of employment occurs after October 31, 2023.
On August 1, 2023, the New Form I-9 will be available at www.uscis.gov/i-9. Employers are permitted to use the New Form I-9 starting on August 1, 2023, or may continue using the prior version of the Form I-9 (Rev. 10/21/2019) (the “Old Form I-9”) through October 31, 2023. Upon request by the U.S. Department of Homeland Security, U.S. Department of Justice or the U.S. Department of Labor, employers must have Form I-9s available for inspection. Starting November 1, 2023, employers that fail to use the New Form I-9 will be subject to penalties under section 274A of the Immigration and Nationality Act.
Alternative Documentation Verification Process for Remote Employees
Among the changes to the New Form I-9 is an alternative document examination procedure for employees working remotely. The New Form I-9 will have a corresponding box that employers must check if they use this alternative procedure. To use this alternative procedure, employers must be in good standing with E-Verify. Employers using this alternative procedure must do the following:
- Require employees to first transmit the Form I-9 document or acceptable receipts;
- Examine copies of the Form I-9 document or an acceptable receipt (both sides if applicable);
- Conduct a live video interaction with the individual presenting the documents to ensure the documents appear to be genuine and related to the employee, and are the same documents that were transmitted;
- Check the corresponding box on the New Form I-9 box to indicate that this alternative procedure was completed;
- Retain clear and legible copies of the documents (front and back); and
- If the employer chooses to use this alternative document authorization procedure, it must do so “consistently for all employees at that site, without discrimination.”