New Form I-9 and Alternative Procedure Effective August 1, 2023

US Citizenship and Immigration Services (“USCIS”) has announced a new version of Form I-9, Employment Eligibility Verification, which will be available for use beginning August 1, 2023. The prior version of Form I-9 (Rev. 10/21/2019) may be used through October 31, 2023. Beginning November 1, 2023, employers must use the new Form.

Employers must verify the identity and employment authorization of each individual they hire for employment in the United States on Form I-9.

Form Details

The new Form I-9 contains two sections and two supplements:

• Section 1 collects identifying information about the employee and requires the employee to attest to whether the employee is a US citizen, noncitizen national, lawful permanent resident, or noncitizen authorized to work in the US.
• Section 2 collects identifying information about the employer and information regarding the employee’s identity and employment authorization and must be completed within 3 days of the employee’s hire.
• Supplement A, Preparer and/or Translator Certification for Section 1, is completed when employees have preparers and/or translators assist them in completing Section 1.
• Supplement B, Reverification and Rehire (formerly Section 3), is used to verify the continued employment authorization of the employee if the employee’s original employment authorization expires and may also be used if the employee is rehired within 3 years of the date of the initial completion of the form or to record a name change.

What’s New?

USCIS made significant changes to the format and wording of the Form, including:

• Reducing Sections 1 and 2 to a single-sided sheet.
• Moving Section 1 Preparer/Translator Certification to a separate, standalone supplement (Supplement A) that employers can provide to employees when necessary.
• Moving Section 3, Reverification and Rehire, to a separate, standalone supplement (Supplement B) that employers can print if or when reverification is required or rehire occurs.
• Removing use of “alien authorized to work” and replacing it with “noncitizen authorized work” as well as clarifying the difference between “noncitizen national” and “noncitizen authorized to work.”
• Ensuring the Form can be filled out on tablets and mobile devices.
• Removing certain features to ensure easy download.
• Updating the notice at the top of Form I-9 regarding discrimination.
• Revising the List of Acceptable Documents page to include some acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documents.
• Adding a box that eligible employers must check if the employee’s Form I-9 documentation was examined under a DHS-authorized alternative procedure rather than through physical examination (see heading below).

USCIS also made several changes to Form I-9 instructions, including:

• Reducing the length of instructions from 15 to 8 pages.
• Adding definitions of key actors in the Form I-9 process.
• Streamlining the steps each actor takes to complete their section of the Form I-9.
• Adding instructions for use of the new checkbox for employers who choose to examine Form I-9 under an alternate procedure.
• Removing the abbreviations chart and relocating them to the M-274, Handbook for Employers: Guidance for Completing Form I-9.
• Reducing the length of instructions from 15 to 8 pages.
• Adding definitions of key actors in the Form I-9 process.
• Streamlining the steps each actor takes to complete their section of the Form I-9.
• Adding instructions for use of the new checkbox for employers who choose to examine Form I-9 under an alternate procedure.
• Removing the abbreviations chart and relocating them to the M-274, Handbook for Employers: Guidance for Completing Form I-9.

Alternative Document Examination Procedures

Concurrent with the announcement of the new Form I-9, US Immigration and Customs Enforcement has announced an optional alternative procedure to in-person physical examination of Form I-9 documentation.

Although flexibility for in-person physical document examination was allowed during the COVID-19 pandemic, COVID flexibilities end on July 31. Current regulations require that within 3 business days after the first day of employment, employers must physically examine documentation presented by new employees from the List of Acceptable Documents to ensure that the documentation presented reasonably appears to be genuine and relate to the individual who presents it. Physical examination of identity and employment authorization documents offers important security benefits. Employers who physically examine documents can touch and more clearly see identification security features like holograms and microprinting, as well as the card stock on which the documents are printed.

Beginning August 1, 2023, DHS has authorized an alternative procedure that does not require physical examination of documents but includes additional requirements to offer an equivalent level of security. At this time, the alternative procedure is only available to employers who participate in E-Verify.

E-Verify requires employers to confirm the identity and employment authorization of their newly hired employees by using E-Verify to electronically compare information from the Form I-9 with records available to DHS and the Social Security Administration. E-Verify confirms List A documents such as US passports, Permanent Resident Cards, and Employment Authorization Documents, and electronically sends the photograph from the official record to the employer to compare with the photo on the document provided by the employee. E-Verify also requires all cases to include the employee’s Social Security Number, requires that List B documents require a photography, and grants employers access to user support and training. DHS believes these elements provide a level of security equivalent to in-person, physical examination.

The alternative process requires employer to:

• Examine copies (front and back) of Form I-9 documents to ensure the documentation reasonable appears to be genuine;
• Conduct a live video interaction with the individual presenting the documents to ensure the documentation appears to be genuine and related to the individual;
• Indicate on the Form I-9 by completing the corresponding box, that an alternative procedure was used;
• Retain clear and legible copies of the documentation presented; and
• Make available the clear and legible copies of the documentation presented in connection with the verification process in the event of an audit by relevant federal government officials.

Use of the alternative procedure is optional. Employers may still choose to physically examine documents for Form I-9; however, if an employer chooses to use the alternative procedures, the employer must do so consistently for all employees at the same hiring site unless the employee requests to submit documentation for physical examination.

Employers who were enrolled in E-Verify at the time they performed remote verification during the COVID pandemic may use the new alternative procedure to satisfy the requirement to physically examine Form I-9 documentation that was examined remotely under COVID-19 flexibilities. The requirement to examine Form I-9 documentation originally examined remotely must be satisfied by August 30, 2023.

What Should Employers Do Now?

Employers may download the new version of Form I-9 at www.uscis.gov/i-9 beginning August 1, 2023. Employers may begin using the new Form on August 1, 2023 and must use the new Form I-9 beginning on November 1, 2023.

Employers do not need to complete new Forms I-9 for current employees who already have a properly completed Form I-9 on file unless reverification is required after October 31, 2023.