Despite the U.S. Department of Homeland Security issuing a revised version of Form I-9, Employment Eligibility Verification, last year, many employers continue to use an outdated version of the form. The current version of Form I-9 can be found here.  

Employers must use the revised Form I-9 for all new hires, reverifications and rehires. The changes made to the I-9 form include the reduction of length to one page, more clear instructions, and guidance on acceptable receipts and the auto-extension of some documents, as found on the Lists of Acceptable Documents.

An employer that used an out-of-date Form I-9 after October 31, 2023, at the time of hire or reverification should correct the error.  If the Form I-9 documentation presented was acceptable under the Form I-9 rules that were current at the time of hire or reverification, the employer may correct the error by stapling the outdated completed form to a blank current version, and signing the current blank version noting why the current blank version is attached.  Any corrected or reverified forms should be retained.

Employers should be aware that the remote inspections of documents which was allowed during the COVID-19 pandemic is no longer permissible, except for E-Verify employers in good standing that follow the alternative verification procedure.  Accordingly, employers should be sure that all I-9s that were completed remotely are updated with a physical, in-person examination of documents.  Because the August 30, 2023, deadline for this update has passed, employers are advised to perform the update as soon as possible.

For more information regarding the new Form I-9, visit I‑9 Central. Employers can also join a free Form I‑9 webinar. A handbook for employers regarding Form-I-9 is also available.

The author would like to gratefully acknowledge the assistance of Joanne Warriner.