What’s Happening
On August 1, 2023, USCIS published a new Form I-9, which all employers will be required to use starting November 1, 2023. The revised Form I-9 differs from the old form in the following ways:
The form is now fillable on tablets and mobile devices;
Sections 1 and 2 are reduced to a single-sided sheet;
Section 1, Preparer/Translator Certification, is now a separate, standalone supplement that employers can provide to employees only when necessary;
Section 3, Reverification and Rehire, is now a standalone supplement that employers can print out only when necessary;
The Lists of Acceptable Documents page has been expanded to include some acceptable receipt notices as well as guidance and links to information on automatic extensions of employment authorization documentation;
The form instructions are reduced from 15 to 8 pages;
The form now includes a checkbox allowing eligible employers to indicate they examined Form I-9 documentation remotely under a new alternative remote procedure rather than via physical examination.
Employers may use the previous version of the form through October 31, 2023.
Guidance on Notable Changes
Single-Page Form
In reducing Sections 1 and 2 from two pages to one, some fields were merged but no fields were removed. Employers and employees completing the new Form I-9 should make sure to complete only their respective sections on the single-page form.
Alternative Remote Inspection Procedure Checkbox
Eligible employers enrolled and in good standing in the E-Verify system can use the alternative remote inspection procedure, but only for employees working at sites covered by the employer’s E-Verify enrollment. For more information, please see our overview of the alternative remote procedure for I-9 document inspection.
Please note that the above is for informational purposes and does not constitute legal advice. For specific questions about the new Form I-9, please contact your team at D&S.