2023Form I-9

Written By Digital Content Editor Thomas Ahearn

The U.S. Citizenship and Immigration Services (USCIS) – a government agency overseeing lawful immigration to the United States – has published a revised version of the “Form I‑9, Employment Eligibility Verification” (Edition Date 08/01/23) in English and Spanish versions that all employers must start using by November 1, 2023.

Employers may use the previous Form I-9 (Edition Date 10/21/19) through October 31, 2023. Starting November 1, 2023, employers who fail to use the new Form I-9 may be subject to penalties under the Immigration and Nationality Act (INA) enforced by the U.S. Immigration and Customs Enforcement (ICE). The new Form I-9:

  • Reduces Sections 1 and 2 to a single-sided sheet;
  • Is designed to be a fillable form on tablets and mobile devices;
  • Moves the Section 1 Preparer/Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary;
  • Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when rehire occurs or reverification is required;
  • Revises the Lists of Acceptable Documents page to include some acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documentation;
  • Reduces Form instructions from 15 pages to 8 pages; and
  • Includes a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a U.S. Department of Homeland Security (DHS)-authorized alternative procedure rather than via physical examination.

On July 21, 2023 – the day the USCIS announced a new Form I-9 would be published on August 1, 2023 – the DHS announced a final rule in the Federal Register recognizing the end of temporary COVID-19 flexibilities on July 31, 2023, and giving DHS the authority to authorize alternatives for examining Form I-9 documentation.

The DHS published an accompanying document in the Federal Register describing and authorizing employers enrolled in E-Verify the option to remotely examine identity and employment authorization documents under a DHS-authorized alternative procedure instead of the current requirement to examine documents in person.

Employers who participated in E-Verify and created a case for employees whose documents were examined during COVID-19 flexibilities from March 20, 2020, to July 31, 2023, may use the new alternative procedure starting on August 1, 2023, to satisfy the physical document examination requirement by August 30, 2023.

Employment Screening Resources (ESR) is a service offering of ClearStar, a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. ClearStar offers pre-employment screening that includes Form I-9 verification. To learn more, contact ClearStar today.

NOTE: Employment Screening Resources (ESR) – a service offering of ClearStar – does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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