Updated I-9 Form – August 1, 2023

On July 21, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced a new version of Form I-9. Employers are required to use this form to verify that their employees are authorized to work in the United States and should begin using the new form Aug. 1, 2023. Some of the changes to this updated version are:

  • Reduction of Sections 1 and 2 to a single-sided sheet;
  • Designed to be a fillable form on mobile devices;
  • Moves the Section 1, Preparer/Translator Certification, area to a separate supplement that employers can provide to employees if necessary;
  • Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when rehire or reverification is required;
  • Revised ‘Lists of Acceptable Documents’ page to include some acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documentation;
  • Reduced form instructions from 15 pages to 8 pages; and
  • Includes a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a Department of Homeland Security authorized alternative procedure.

The remote document verification final rule was announced on July 21, 2023, in which it recognizes the end of the temporary COVID-19 flexibilities. This final rule also provides the Department of Homeland Security (DHS) the authority to authorize optional alternatives for employers to examine I-9 documentation. The Department of Homeland Security has provided an additional document on alternatives to physical document examination.  Employers do need to be enrolled in E-Verify to utilize the remote verification option. Furthermore, employers that were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person physical document examination by Aug. 30, 2023.