The Updated Form I-9: What Employers should know?

USCIS updates to Form I-9:

By November 1st,2023, employers must use the revised version of the Employment Eligibility Form/Form I-9. 

On July 21, United States Citizenship and Immigration Services (USCIS) announced a new, simplified, and condensed Form I-9 that companies could access after August 1, 2023. 

Through October 31, 2023, employers may still utilize the previous Form I-9 (Rev. 10/21/19). If they continue to utilize the outdated form after that time, they will be penalized. The updated Form I-9 is available for download after August 1. The Form I-9 has undergone the following revisions by USCIS:

1. Sections 1 and 2 were condensed to a single sheet. No earlier fields were eliminated. Instead, several fields were combined into fewer fields. 

2. Section 1 Preparer/Translator Certification has been moved to a single supplement (Supplement A), which companies can make available to staff members as needed. Additional supplement sheets may be included by employers as needed. 

3. Reverification and rehire requirements have been moved from Section 3 to a single supplement (Supplement B), which businesses can print if or when rehire or reverification is necessary. As required, employers may affix extra supplement sheets. 

4. Changed “alien authorized to work” to “noncitizen authorized to work” in Section 1 and explained the distinction between the terms “noncitizen national” and “noncitizen authorized to work.” 

5. The form was made sure to be fillable on tablets and mobile devices. 

6. To make sure the form can be downloaded quickly, several features have been removed. Additionally, the need to enter N/A in some fields is eliminated as a result. 

7. The notification that describes how to avoid prejudice in the Form I-9 procedure has been updated and is located at the top of the form. 

8. The Lists of appropriate Documents page has been updated to contain a list of appropriate receipts, guidelines, and links to data on automatic extensions of employment authorization documentation.  

9. Added a box that qualified employers need to check if the employee’s Form I-9 documentation was inspected through a DHS-authorized alternative process as opposed to through physical inspection. 

10. Instructions have been included for using the new checkbox by employers who opt to review Form I-9 material in accordance with an alternate approach. 

11. Instructions were condensed from 15 pages to 8 pages.