August 3, 2023

New Form I-9 Now Available; New Inspection Requirements

As reported here, the U.S. Citizenship and Immigration Services (USCIS) and Department of Homeland Security (DHS) announced the release of a new version of the Form I-9. The new form is available for downloaded here.  The updates are aimed at simplifying the form, making it more accessible, and ensuring compliance with current immigration laws. Here is a summary of the key changes to the Form I-9:

 

  1. A More Streamlined Form: The first noticeable change to the Form I-9 is its physical appearance. The new version has been truncated, with Sections 1 and 2 now fitting on a single side of one sheet. Additionally, the instruction pages have been reduced from 15 to just eight pages.
  2. Mobile-Friendly Format. Embracing the digital age, USCIS has made the new Form I-9 mobile-friendly. Users can now fill out the form on their mobile devices, making it convenient for on-the-go individuals and employers who need to access the form from various locations. Furthermore, the form will be easier to download and print from any device, improving overall accessibility.
  3. Terminology Update – Noncitizen” Instead of “Alien”: USCIS has replaced the term “alien” with “noncitizen” throughout the Form I-9.
  4. Guidance Against Discrimination: The new Form I-9 now has a dedicated notice section that guides employers on how to avoid discrimination during the verification process.
  5. Separation of Reverification and Rehire Section: To streamline the verification process, the Reverification and Rehire section has been removed from the main form. Instead, it now appears as a separate supplemental sheet.
  6. Revised Lists of Acceptable Documents: One crucial change in the new Form I-9 is the revision of the Lists of Acceptable Documents. Previously acceptable expired documents are no longer considered valid for verification purposes. Conversely, certain new documents have been added to the list.
  7. Physical Inspection Required, Unless…: As of November 1, 2023, employers will have to inspect employee identification and work authorization documents in person, unless the employer is enrolled in E-Verify.

Employers may continue to use the old I-9 through Oct 31, 2023. After this date, employers who use the old form may face penalties. To ensure you are using the correct form, check the bottom left of the form to ensure it has the Edition date of “08/01/23.”