The United States Citizenship and Immigration Services (USCIS) has released a new version of Form I-9, as well as certain updates to rules and regulations around the form.
Here is what employers need to know:
2023 Updates to Form I-9
In addition to a new version of the form itself, there were many updates to Form I-9 and the regulations around it.
For starters, the Form I-9 Remote Verification Policy is ending, and employers should familiarize themselves with what they need to do next in terms of getting forms inspected.
Aside from the updates to remote verification, here is a summary of what employers need to know about the 2023 I-9 updates.
New I-9 Form for 2023
First and foremost, there is a new version of Form I-9. Generally, the updates to the form include the following:
- Sections 1 and 2 have been reduced to a single-sided sheet
- Designed to be a fillable form on tablets and mobile devices
- Preparer/Translator Certification area has been moved to a separate, standalone sheet that employers can provide to the employees when necessary. The Preparer/Translator Certification area was on page 1 under section 1 on the previous Form I-9
- The re-verification and Rehire Certification area (Section 3) has been moved to a separate, standalone sheet that employers can complete when there is a rehire or re-verification. Section 3 was on the bottom of page 2 of the previous Form I-9
- The lists of Acceptable Documents page has been revised to include some acceptable receipts of a replacement of a lost, stolen, or damaged document, as well as guidance and links to information on automatic extensions of employment authorization documents
- The Form Instructions have been reduced from 15 pages to 8 pages
- A checkbox has been added to allow employers to indicate that they examined Form I-9 documentation remotely under DHS-authorized alternative procedure rather than a physical examination
When Do Employers Need to Start Using the New I-9 Form?
Employers can continue using the previous Form I-9 through October 31, 2023, even though the expiration date was in October of 2022. Employers may begin using the revised Form I-9 immediately (expiration date 07/31/2026).
Other Important Information for Form I-9 in 2023
There has been some clarification on the document number for Drivers Licenses/ID Card under List B.
Document number format and location will vary based on issuing authority. Please keep in mind that the document number may be different than a DMV ID number.
Here is where to find the document number on a New York State Driver's License/ID Card.
What's Next for Employers?
Employers should determine if they are going to begin utilizing the revised Form I-9 right away, or if they will continue to use the previous form until October 31, 2023. As a recap, employers must be using the revised Form no later than November 1, 2023.
Businesses that are having trouble with I-9 verifications may want to reach out to a payroll and HR company for assistance.
Contact us today to get help with your I-9 compliance, or to learn about how else our HR services can assist your business.
