The current I-9 Form expired on October 31, 2022, and will be accepted until November 1, 2023.
2023 Form I-9 Link for August 1, 2023
“Employers who were participating in E-Verify and created a case for employees whose documents were examined during COVID-19 flexibilities (March 20, 2020, to July 31, 2023), may choose to use the new alternative procedure starting on August 1, 2023 to satisfy the physical document examination requirement by Aug. 30, 2023. Employers who were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person physical examination by Aug. 30, 2023.
The revised Form I-9:
- Reduces Sections 1 and 2 to a single-sided sheet;
- Is designed to be a fillable form on tablets and mobile devices;
- Moves the Section 1 Preparer/Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary;
- Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when rehire occurs or reverification is required;
- Revises the Lists of Acceptable Documents page to include some acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documentation;
- Reduces Form instructions from 15 pages to 8 pages; and
- Includes a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a DHS-authorized alternative procedure rather than via physical examination.
The revised Form I-9 (edition date 08/01/23) will be published on uscis.gov on Aug. 1, 2023. Employers can use the current Form I-9 (edition date 10/21/19) through Oct. 31, 2023. Starting Nov. 1, 2023, all employers must use the new Form I-9.” (USCIS)
“What’s New in the Revised Form I-9?
USCIS made the following updates to the Form I-9:
- Reduced Sections 1 and 2 to a single-sided sheet. No previous fields were removed. Rather, multiple fields were merged into fewer fields when possible.
- Moved the Section 1 Preparer/Translator Certification area to a separate, standalone supplement (Supplement A) that employers can provide to employees when necessary. Employers may attach additional supplement sheets as needed.
- Moved the Section 3 Reverification and Rehire area to a separate, standalone supplement (Supplement B) that employers can print if or when rehire occurs or reverification is required. Employers may attach additional supplement sheets as necessary.
- Removed use of “alien authorized to work” in Section 1 and replaced it with “noncitizen authorized to work” as well as clarified the difference between “noncitizen national” and “noncitizen authorized to work.”
- Ensured the form can be filled out on tablets and mobile devices.
- Removed certain features to ensure the form can be downloaded easily. This also removes the requirement to enter N/A in certain fields.
- Updated the notice at the top of the form that explains how to avoid discrimination in the Form I-9 process.
- Revised the Lists of Acceptable Documents page to include some acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documentation. Added a box that eligible employers must check if the employee’s Form I-9 documentation was examined under a DHS-authorized alternative procedure rather than via physical examination.
USCIS also updated the following in the Form I-9 instructions:
- Reduced length of instructions 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 use of the new checkbox for employers who choose to examine Form I-9 documentation under an alternative procedure.
- Removed the abbreviations charts and relocated them to the M-274, Handbook for Employers: Guidance for Completing Form I-9.” (SHRM)
“To utilize remote document verification on or after August 1, 2023, an employer must take the following actions:
- An employer must be enrolled in E-Verify and submit the newly hired employee’s information to E-Verify for review;
- An employer must verify the newly hired employee’s I-9 documents via live video interaction and indicate the use of remote verification on the I-9 form; and
- An employer must retain a copy of both sides of the documents the employee presented with the I-9 form for the appropriate retention period.
Employers who participated in E-Verify and submitted their employees to E-Verify during the COVID-19 pandemic (March 20, 2020, to July 31, 2023), may choose to use the new alternative procedure starting on August 1, 2023 to satisfy the physical document examination requirement. Although DHS does not say this in so many words, it appears that employers who complied with the newly announced remote document verification procedures during the pandemic need not revalidate their employee’s documents. Employers should examine their remote document verification process carefully before electing not to re-verify their employees’ documents.
Although enrollment in E-Verify is required to utilize the new remote document verification rules, employers are not required to enroll in E-Verify. Employers who are not enrolled in E-Verify must physically inspect its newly hired employee’s documents. Employers who were not enrolled in E-Verify during the COVID-19 pandemic and utilized the COVID-19 remote document inspection rules must complete an in-person physical examination of all remotely verified employees’ documents by August 30, 2023.
The new rules give both employers and employees choices. Employers who are eligible to participate in the new remote document verification may choose to utilize remote verification for some worksites and physical inspection for others. Employees have a choice too. Employers may not compel newly hired employees to remotely verify their documents. Employees may elect to physically present their documents to the employer.” (JDSUPRA)
Form I-9 Audits & Compliance Suggestions:
Terminated Employee Retention Record Keeping
Correcting Form, I-9
“Employers may only correct errors made in Section 2 or Section 3 of Form I-9, Employment Eligibility Verification.
If you discover an error in Section 1 of an employee’s Form I-9, you should ask your employee to correct the error.
To correct the form:
- Draw a line through the incorrect information.
- Enter the correct information.
- Initial and date the correction.
- To correct multiple recording errors on the form, you may redo the section on a new Form I-9 and attach it to the old form. A new Form I-9 can also be completed if major errors (such as entire sections being left blank, or Section 2 being completed based on unacceptable documents) need to be corrected. A note should be included in the file regarding the reason you made changes to an existing Form I-9 or completed a new Form I-9.
- Be sure not to conceal any changes made on the form (other than simple notation errors when copying document information). Doing so may lead to increased liability under federal immigration law.
- If you have made changes on a Form I-9 using correction fluid, we recommend that you attach a signed and dated note to the corrected Forms I-9 explaining what happened.
- U.S. Immigration Customs and Enforcement and the Immigrant and Employee Rights Section (IER) have provided joint guidance to help employers perform internal audits. Audits allow employers to ensure Forms I-9 have been completed correctly, and to make corrections if errors are found. Learn more about Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits.” (USCIS)
Which forms to use & revision dates
“This act led to creation of Form I-9, Employment Eligibility Verification. All employers must use Form I-9 for all employees hired on or after Nov. 6, 1986, who are working in the U.S.
Several versions of Form I-9, Employment Eligibility Verification, have been issued since the form was first introduced in 1987. Not all versions are valid for use. To determine whether you are using the correct version of Form I-9, look at the revision date printed on the bottom left corner of the form, and not the expiration date printed at the top of the form.
Currently, only the forms showing the following revision date are valid:
Rev. 07/17/2017 N*
Listed below are the dates Form I-9 was revised. An “N” next to the revision date means that Form I-9 with earlier revision dates can no longer be used to verify employment eligibility. A “Y” next to the revision date means the form is valid until USCIS issues a new form with a revision date containing an “N”.
“I failed to sign and/or date Section 2: What can I do to correct this?
If an employer discovers that he or she has omitted information in Section 2 of Form I-9, he or she should enter the omitted information and initial and date the addition. The employer should attach a written explanation of what happened to Form I-9.
Do not back-date Form I-9; the employer should enter the current date and initial by the date field.
My employee did not sign and/or date the attestation in Section 1: What can I do to correct this?
If you discover your employee has omitted information in Section 1 of Form I-9, the employer must ask the employee to enter the missing information. When correcting Section 1, the employee should:
- Enter the missing information
- Initial and date the newly entered information
- Attach a written explanation as to what happened.
Do not back-date Form I-9; the employee should enter the current date and initial by the date field.
If the employee’s employment was terminated, the employer should attach a written explanation about the omission to the employee’s Form I-9.
I am missing Forms I-9 for several employees: What can I do to correct this?
If an employer discovers a missing Form I-9, the employer and employee must complete a new Form I-9. The newly completed form should not be back dated. If the employee cannot produce acceptable documentation or refuses to complete Section 1 of the Form I-9, he or she cannot work for pay. For more information on correcting Forms I-9 visit I-9-Central.
Employers are not required to have Forms I-9 for employees hired on or before November 6, 1986.
What should I do if the wrong version of Form I-9 was completed?
As long as the Form I-9 documentation presented was acceptable under the Form I-9 rules that were current at the time of hire, employers 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 (e.g., wrong edition was used at time of hire). In the alternative, employers may draft an explanation and attach it to the outdated completed Form I-9 explaining that the wrong form was filled out correctly and in good faith.” (UCSIS)
Form I-9 requirements are triggered by the hire of an individual for employment in the United States. A “hire” is the actual commencement of employment of an employee for wages or other remuneration. If any of the owners are “employees” of the company, then each owner must complete Form I-9. Failure to comply with all Form I-9 requirements could result in civil penalties against the employer.
These are just a few suggestions on internal audits and compliance with current laws and regulations. If your organization uses E-Verify, there are additional requirements to consider. Compliance audits on Form I-9’s is necessary to ensure legal processing and storage. I’m happy to work with any organization to audit and train owners, managers and supervisors on how to complete, store and correct a Form I-9 mistakes. Continue to monitor for the updated form and seek guidance if you are unclear on compliance auditing and mandatory legal requirements.
BURR CONSULTING, LLC 