The New Form I-9 Will Be Available August 1, 2023

The newly updated Form I-9 brings various revisions and improvements to streamline the process and reduce burdens for both employers and employees. The new Form I-9 contains two sections and two supplements. U.S. Citizenship and Immigration Services (USCIS) made several updates to the form and its instructions:

1.    Sections 1 and 2 are now combined on a single-sided sheet, merging multiple fields into fewer fields when possible.

2.    The Section 1 Preparer/Translator Certification area is now a separate supplement (Supplement A) that employers can provide to employees as needed. The Section 3 Reverification and Rehire area is also a separate supplement (Supplement B) for rehires or reverification.

3.    The term "alien authorized to work" in Section 1 is replaced with "noncitizen authorized to work," and the difference between "noncitizen national" and "noncitizen authorized to work" is clarified.

4.    The form is optimized for filling out on tablets and mobile devices, and certain features were removed for easier downloading.

5.    The notice at the top of the form on how to avoid discrimination during the Form I-9 process is updated.

6.    The Lists of Acceptable Documents page is revised to include acceptable receipts and guidance on automatic extensions of employment authorization documentation.

7.    A checkbox is added for eligible employers to indicate when Form I-9 documentation was examined using a DHS-authorized alternative procedure.

The Form I-9 instructions have also been updated:

1.    The length of instructions is reduced from 15 pages to 8 pages.

2.    Definitions of key actors involved in the Form I-9 process are included.

3.    Instructions for each actor's section of the form are streamlined.

4.    Guidance for using the new checkbox for employers who use an alternative procedure is added.

5.    Abbreviations charts are removed and relocated to the M-274, Handbook for Employers: Guidance for Completing Form I-9.

Employers should start using the updated Form I-9 with a version date of "(Rev. 08/01/23)" from August 1, 2023. They can continue using the prior version (Rev. 10/21/19) until October 31, 2023. After October 31, 2023, the old version will be invalid, and employers using it may be subject to penalties under the Immigration and Nationality Act enforced by U.S. Immigration and Customs Enforcement (ICE). There is no need to complete the new Form I-9 for current employees who already have a properly completed Form I-9 on file unless reverification is necessary after October 31, 2023.

Keep in mind, conducting unnecessary verification for current employees may violate the INA's anti-discrimination provision, section 274B of the INA, 8 U.S.C. 1324b, which is enforced by the Immigrant and Employee Rights (IER) section.

Starting from August 1, 2023, employers can download the new Form I-9 (Rev. 08/01/23) from the USCIS website at www.uscis.gov/i-9 or order paper copies: www.uscis.gov/forms/forms-by-mail.To obtain the updated Form I-9 (Rev. 08/01/2023), an exemplar can be viewed at www.regulations.gov under the docket for this notice [CIS No. 2532-13; DHS Docket No. USCIS-2006-0068]. A Spanish-language version is also available for use in Puerto Rico.

Alternative Options to Physical Document Examination

In addition to a new Form I-9, Immigration and Customs Enforcement (ICE) is also expected to announce the use of alternative options for physical document examination for Section 2 completion. The alternative options will only be available to employers who meet specific criteria, such as participating in remaining in “good standing” with E-Verify. Learn more about the alternative options in our recent article here.

Learn how GryphonHR can help you to stay on top of the most current Form I-9 and E-Verify requirements, while helping to ensure accuracy and efficiency with a cloud platform that provides customizable options to help meet the needs of your business. Get in touch with us to learn more or sign-up today!