August 9, 2023

In July, the United States Citizenship and Immigration Services (USCIS) officially introduced a new Form I-9, which became available on August 1. However, the agency announced that employers may continue using the previous version until October 31. This grace period allows employers to transition to the new form while ensuring compliance with the latest USCIS guidelines.

After October 31, employers using the old form could face penalties. In addition to the new Form I-9’s release, the Department of Homeland Security (DHS) issued a final rule that allows them “to conduct a pilot program that offers the remote examination option to an even broader category of employers.”

The changes have streamlined the new Form I-9, making it easier for employers and employees to complete. These changes include:

• Reducing Sections 1 and 2 to a single-sided sheet, merging multiple fields to avoid removing them.
• Moving Section 1, Preparer/Translator Certification, to a separate, standalone supplement (Supplement A). Employers may provide this supplement and include additional supplement sheets when necessary.
• Moving Section 3, Reverification and Rehire, to a separate, standalone supplement (Supplement B) for rehiring or reverification purposes. Employers may attach additional supplement sheets as necessary.
• Removing the use of “alien authorized to work” in Section 1 and replacing it with “noncitizen authorized to work.” Clarified the difference between “noncitizen national” and “noncitizen authorized to work.”
• Ensuring the availability of filling out the form on tablets and mobile devices.
• Removing certain features to improve the form’s downloadability and the requirement to enter N/A in certain fields.
• Updating the notice at the top of Form I–9 explaining how to avoid discrimination.
• Revising the Lists of Acceptable Documents page to include some acceptable receipts, guidance, and links to information on automatic extensions of employment authorization documentation.
• Adding a box that eligible employers must check if they used a DHS-authorized alternative to examine the employee’s Form I-9 instead of physically reviewing it.

They also made some changes to the instructions for the form, such as reducing their length to eight pages, streamlining the steps necessary to complete the form, adding some definitions, and adding instructions on using the checkbox for employers using an alternative procedure to examine the documentation for Form I-9.

Employers interested in remotely examining documentation must prove their good standing and use E-Verify. They must also conduct a live video interview with the employee whose documentation they are reviewing, maintain copies of all the presented documents for the form, and create an E-Verify case for any new employees.

This alternative process may help many employers due to the increase in remote work. However, completing Form I-9 can still prove complicated due to the many documents an employee may present. The best way to ensure correctly completed forms is by using an electronic I-9 management system. This system guides employers through the verification process, stores forms and accompanying documentation, and includes E-Verify integration.

Automate your employment eligibility verification today with the ensured compliance of I-9 Compliance.

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