U.S. Citizenship and Immigration Services (USCIS) announced a new version of Form I-9, Employment Eligibility Verification. Employers must use Form I-9 to verify the identity and employment authorization of their employees. Beginning November 1, 2023, only the new Form I-9 dated “08/01/2023” may be used. The version date can be found at the lower left corner of the form.
The new form is a one-page version. This one-page version, however, has two Supplements, A and B, making the new Form I-9 a “one-page plus” form.
The new form also includes a new checkbox for employers enrolled in E-Verify to indicate remote, virtual examination of identity and employment authorization documents. To participate in this alternative procedure, employers must: 1) be enrolled in E-Verify and in good standing; 2) examine and retain copies (front and back) of all relevant identity and employment authorization documents after the employee scans and emails such to the employer representative; 3) conduct a live video interaction with the employee to verify the authenticity of the presented documents, front and back; and 4) create an E-Verify case for new hires to ensure compliance with the employment eligibility verification process.
Section 1 Preparer/Translator Certification area is moved to a separate Supplement A that employers can use when necessary. This supplement provides three areas for current and future preparers and translators to complete as needed. Employers may attach additional supplements as needed.
Section 3 Reverification and Rehire is moved to a Supplement B that employers can use as needed for rehire or reverification. This supplement provides four areas for current and subsequent reverifications. Employers may attach additional supplements as needed.
USCIS removed use of the term “alien authorized to work” in Section 1 and replaced it with “noncitizen authorized to work”. They also ensured the form can be filled out on tablets and mobile devices by downloading onto the device and opening in the free Adobe Acrobat Reader app. Further, the prior requirement to enter “N/A” in certain fields has been eliminated. There is also improved guidance to the Lists of Acceptable Documents to include some acceptable receipts, guidance, and links to information on automatic extensions of employment authorization documentation.
The revised Form I-9, with an edition date of 08/01/23, is available on the USCIS website (www.uscis.gov). Employers can continue using the previous edition of the Form I-9 dated 10/21/19 until October 31, 2023. Starting November 1, 2023, all employers must use the new Form I-9 to comply with the employment eligibility verification process.