ICE Issues New Form I-9 for Mandatory Use Starting November 1, 2023

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The U.S. Citizenship and Immigration Services’ Form I-9, Employment Eligibility Verification, verifies the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must complete Form I-9 properly for all persons hired, including both citizens and noncitizens.

ICE published a new edition of Form I-9 on August 1, 2023 and after October 31, 2023 the prior version of Form I-9 will be obsolete and no longer valid for use. Moreover, starting November 1, 2023, employers failing to use the 08/01/23 edition of Form I-9 may be subject to penalties.

Employers must retain their Form I-9s for designated periods and make them available for inspection by authorized government officers. Noncompliance by employers with the Form I-9 requirements, or other immigration law responsibilities, can result in various sanctions, including civil fines, criminal penalties, and even debarment from government contracts.

The applicable edition information is located at the bottom left hand corner of the Form I-9. Information regarding the Form I-9, and downloadable copy of the new Form I-9 is available on ICE’s website.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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