New and Shorter I-9 Form Must Be Used As of November 1

The U.S. Citizenship and Immigration Services office (CIS) of the Department of Homeland Security (DHS) announced over the summer revisions to the I-9 form which all employers must complete within three days after hiring any new employee. The CIS instructs that all employers begin using the new form for all new employees hired after November 1, 2023.

According the CIS, [a]mong the improvements to the form is a checkbox employers enrolled in E-Verify can use to indicate they remotely examined identity and employment authorization documents under an alternative procedure authorized by the Department of Homeland Security (DHS).” In order “[t]o participate in the remote examination of Form I-9 documents under the DHS-authorized alternative procedure, employers must be enrolled in E-Verify, examine and retain copies of all documents, conduct a live video interaction with the employee, and create an E-Verify case if the employee is a new hire.” The details for utilizing the alternative procedure are set out in the Federal Register.

The CIS also reports that in addition, ‘[t]he revised 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 DHS-authorized alternative procedure rather than via physical examination.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.