October 24, 2023

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The United States Citizenship and Immigration Services (USCIS) published a revised Form I-9 on August 1, 2023. Employers must use the revised version starting on November 1, 2023. Until then, employers can use the previous form through October 31, 2023. Though the revision does not contain substantive changes, it does change the form’s organization.

The revised form also takes the Department of Homeland Security’s (DHS) rule concerning E-Verify. This rule allows eligible employers who use E-Verify to use an alternative process for reviewing Form I-9 documentation. This process will enable them to remotely examine the documents during the employment eligibility verification.

Here are some changes on the Form I-9 to address the DHS’s rule and other revisions:

• Sections 1 and 2 are now on one sheet. The revision has merged some areas, including the employer certification field.
• The Preparer/Translator Certification area is no longer part of Section 1; it is a separate Supplement A.
• The previous Form I-9 had a Section 3 for reverification and rehiring employees; this information is now Supplement B.
• The new form is mobile- and tablet-friendly and downloadable in Adobe Acrobat Reader.
• It is no longer necessary to enter N/A in some fields.
• The Guidance for the List of Acceptable Documents now includes some acceptable receipts and guidance and links to information concerning automatic extensions of employment authorization documents.
• E-Verify employees may mark a new checkbox when they examine Form I-9 documentation remotely.

The instructions for the revised form have also changed. The documents also went from 15 pages down to 8. Other revisions include instructions for marking whether employees had their I-9 documents remotely verified and several definitions throughout the I-9 process. In addition, the revised Form I-9 also streamlines the necessary steps for completing several sections. Finally, the abbreviation charts now appear on M-247.

The revised Form I-9 still has the same obligations for the employer and employee for verifying or re-verifying work authorization. As such, it can still confuse involved parties due to the variety of documentation employees may present. The best way to ensure employees correctly fill out Form I-9s is by investing in an electronic I-9 management system.

This system can guide employers through the employment eligibility verification process. It also provides additional features like secure storage of I-9 forms and related documents. Furthermore, it can notify employers when to take action and offer E-Verify integration using the federal website.

Learn more about automating your employment eligibility verification and ensuring compliance with I-9Compliance.

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