New Form I-9: What You Need to Know
The U.S. Citizenship and Immigration Services (USCIS) has released a new version of Form I-9, the Employment Eligibility Verification form. The new form, which was published on August 1, 2023, includes a number of updates, including a streamlined process for remote document verification.
What’s New in the Form I-9?
The new Form I-9 includes a number of updates, including:
- A single-sheet design for Sections 1 and 2, which reduces the number of pages from two to one.
- A new preparer/translator certification area that has been moved to a standalone supplement.
- A new section for reverification and rehire that has also been moved to a standalone supplement.
- A list of acceptable documents that has been updated to include some acceptable receipts and guidance on automatic extensions of employment authorization documentation.
- Updated instructions that have been condensed from 15 to eight pages and include additional definitions, streamlined processes, and an explanation of how to use the new check boxes to indicate when Form I-9 documents were examined remotely.
Remote Document Verification
One of the most significant updates to the new Form I-9 is the inclusion of a streamlined process for remote document verification. This process allows employers who are enrolled in E-Verify and in good standing to verify the employment eligibility of their employees remotely.
To use the remote document verification process, employers must:
- Examine copies (front and back, if the document is two-sided) of Form I-9 documents or an acceptable receipt to ensure that the documentation presented reasonably appears to be genuine and relates to the employee.
- Conduct a live video interaction with the individual presenting the document(s) to ensure that the documentation reasonably appears genuine and relates to the individual. The employee must first transmit a copy of the document(s) to the employer and then present the same document(s) during the live video interaction.
- Retain a clear and legible copy of the documentation (front and back if the documentation is two-sided).
- Indicate that they used an alternative procedure on Form I-9 by checking the box on the Form I-9 dated “08/01/2023” or annotating the Form I-9 dated “10/21/2019,” with “Alternative Procedure” in the Additional Information field in Section 2.
Employers must begin using the new Form I-9 on November 1, 2023. However, they may begin using the new form immediately. Employers who continue to use the old form (dated “10/21/2019”) through October 31, 2023, will still be in compliance with federal employment eligibility verification requirements.