What is the Revised Form I-9?
As of August 1, 2023, the United States Citizenship and Immigration Services published a revised version of Form I-9 that employers should begin to use. The older version of Form I-9 may continue to be used through October 31, 2023, but after that date, employers will be subject to penalties.
Additionally, the new Form I-9 features a checkbox that employers enrolled in E-Verify can use to show they remotely examined identity and employment authorization documents under an alternative procedure authorized by the Department of Homeland Security (DHS). According to DHS, employers performing remote verification must be enrolled in E-Verify, conduct a live video interview with the employee, examine and retain copies of all documents presented throughout the I-9 process, and create E-Verify cases for new employees.
What’s New in Form I-9?
The revised Form I-9:
- Reduces Sections 1 and 2 to a single-sided sheet.
- Is designed to be a fillable form on both tablets and mobile devices.
- Moves the Section 1 Preparer/Translator Certification area to a separate, standalone supplement (Supplement A) that employers can provide to employees when necessary.
- Moves Section 3 to a standalone supplement (Supplement B) that employers can print if or when rehiring occurs or reverification is required.
- Revises the Lists of Acceptable Documents page to include some acceptable receipts, guidance and links to information on automatic extensions of employment authorization documents.
- Reduces Form instructions from 15 pages to 8 pages.
How to Complete the Revised Form I-9
At the time of hire, Section 1 of Form I-9 collects information about the employee, and requires the employee to attest whether they are a U.S. citizen, noncitizen national, lawful permanent resident, or noncitizen authorized to work in the United States. The biggest change in Section 1 of the new Form I-9 was the removal of the phrase “alien authorized to work,” which was replaced with “noncitizen authorized to work.”
Within three days of hire, Section 2 collects information about the employee’s identity and authorization. Section 2 requires employees to present original documentation proving identity and authorization, which the employer must review.
Supplement A should be completed when new hires are assisted by a preparer or translator.
Supplement B should be completed prior to the date that the worker’s employment authorization expires when rehire occurs or reverification is required.
Employers must retain a person’s Form I-9 for as long as the employee works for the employer, and for the required retention period after the employee has been terminated. The retention period is either three years after the date of hire or one year after the date employment ended, whichever is later.
Employers must also make Form I-9s available for inspection upon the request by officers of the DHS, the U.S. Department of Labor, or the U.S. Department of Justice.
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