On August 1, 2023, U.S. Citizenship and Immigration Services published for immediate use a new edition of Form I-9, which will become mandatory on November 1, 2023. Employers may use Form I-9 edition dates 08/01/2023 or 10/21/2019 through October 31, 2023.

The government also announced an alternative remote inspection process to examine I-9 identity and employment authorization documents for employees. For now, remote inspection will only be an option for employers who are E-Verify participants in good standing.

Below is a summary regarding the new Form I-9 and alternative remote inspection procedures:

New Changes to Form I-9

• Single page form
• Reduced instructions length
• Fillable via mobile devices
• Revised List of Acceptable Documents includes acceptable receipt notices and guidance (and links) on automatic extensions of work authorization
• Checkbox for remote document inspection (in specific permissible circumstances)
• Replaced use of “alien” with “noncitizen”

Alternative Remote Inspection Procedure – Key Points

• Available beginning August 1, 2023
• Optional and only available to employers enrolled in E-Verify and in good standing starting August 1, 2023
• Employee transmits identity and work authorization documentation to employer
• Employer examines documents via live video with employee
• Employer annotates Form I-9:
  • If using edition 08/01/2023 -> check the box for remote document inspection
  • If using edition 10/21/2019 -> write “Alternative Procedure” in the Additional Information field
• Employer retains copies of all documents examined remotely with employee’s Form I-9, as required under the E-Verify program
• Employer creates a case in E-Verify

REMINDER: DEADLINE APPROACHING, END OF COVID-19 FLEXIBILITY

August 30, 2023 is the deadline for employers to update Forms I-9 for employees hired using remote examination during the COVID-19 flexibility period (March 20, 2020 until July 31, 2023). There are two options for compliance:

1. E-Verify employers in good standing can use the new procedure above provided the employer:
   a. was enrolled in E-Verify at the time of remote examination of employee’s Form I-9 documentation;
   b. created an E-Verify case at that time; and
   c. timing of remote examination was between March 20, 2020 and July 31, 2023.
2. Employers not enrolled in E-Verify must complete an in-person physical examination of identity and employment authorization documents by August 30, 2023. Please see our news alert here.