All About the New I-9 Form from 2023

A fundamental part of the onboarding process for employees across the United States is completing the I-9 form carefully. However, this form does not remain stagnant. From time to time, the Department of Homeland Security revises it, makes changes, and releases a new version that supersedes all previous editions. The new I-9 form 2023 is the latest edition.

Employers should already have this new form in use. If you have not hired anyone since the latest version became effective in November 2023, you should familiarize yourself with the changes. Obtain the new form and review your procedures in light of the changes. Here’s a quick discussion of what to expect from this new version of the form.

What’s the Latest Regarding the I-9 Form?

Several changes have come to the I-9. The new version of the form may look somewhat different to employers accustomed to a long, multi-page document. The Department of Homeland Security has streamlined the I-9 and made it simpler to manage. Some of the fundamental changes include the following:

• Section 1 (for employees) and Section 2 (for employers) now occupy only one page. Sections 1 and 2 have been unified into a one-page document that should simplify completion and recordkeeping.
• The Section 1 element for preparers and translators is now a separate document called Supplement A. Employers only need to keep Supplement A in their files if the employee used a preparer or translator.
• Section 3, Reverification and Rehire, is now also a separate document. Called Supplement B, employers only need to use this document when reverifying an expiring authorization or rehiring an applicable employee.
• Some nomenclature changes have occurred, such as replacing “alien” with “noncitizen.”
• The I-9 PDFs are now mobile and tablet-friendly for convenient digital completion.
• The Lists of Acceptable Documents were revised for clarity and to include certain receipt types.
• There is a new checkbox for remote verification of I-9 documents.

The streamlining of the form is a significant change, but the most important new element is the E-Verify checkbox. Traditional document examination processes could be challenging with the rise of hybrid and remote work. Now, another option is available for businesses, and the new I-9 reflects that change.

The Evolving Relationship Between E-Verify and the I-9 Process

E-Verify supports employers in their efforts to achieve compliance with employment law. As the official E-Verify website says, the service helps provide “peace of mind” about an employee’s work authorization. The system compares an employee’s information to government documents to verify eligibility. Photo matching ensures that document fraud is less likely to impact a business.

Aside from providing that extra layer of confidence, using E-Verify can also open doors to simplifying the onboarding process. If you aren’t enrolled in the program, you must continue to examine I-9 documents in person. That can be a burdensome and time-consuming process, depending on your business. If you are enrolled for E-Verify and in good standing, you have a new option: remote document examination. Initially rolled out during the Covid-19 pandemic, rulemaking has finalized the new process.

What is a Remote Examination of Documents?

In a remote examination of documents, you do not need an employee to physically present their authorization in person. Instead, you can follow a simple workflow designed by the USCIS. In short, this process functions as follows:

• The employee must select List A and List B documents for identity and authorization as necessary. As always, the candidate chooses which documents they select.
• The employee must make front and back copies of those documents and send them to the employer.
• You must schedule a live video call with the individual. During this call, they must present the documents they sent to you to their camera. Make sure they are a reasonable match.
• You can now check the new box on the form I-9 about remote document examination.

Keep copies of the individual’s documents with their form I-9, as you must produce them during an audit. Create a case for employees to check their documents within E-Verify no more than three business days after your examination.

The Deadline for Compliance Has Passed

The edition date on the new I-9 is 08/01/23. Employers had several months to prepare for the November 1, 2023 deadline. Using the previous I-9 editions after this date would result in noncompliance during an audit or enforcement investigation. Currently, only the 8/01/23 and 10/21/2019 versions are valid. You can correct the mistake if you incorrectly filled out I-9s after November 1. You should complete a new form, write an explanation, and attach it to the employee’s existing file.

Where Can You Find the New Form?

The USCIS makes downloading the I-9 straightforward by providing digital PDFs on their website. Visit the official resource for instructions on downloading these documents directly to your PC or device. You can also visit the main I-9 page on the USCIS website for download links to the I-9, the I-9 in Spanish, and instructions for both. This website always hosts the most recent version of the I-9 form. It also provides a simple way to check that you have the current edition.

Never download I-9 forms from third-party and non-government websites. There is no guarantee that these forms are the correct version or edition date. The USCIS warns against paying for immigration and employment forms like the I-9. These documents are always available for free.

Review Your I-9 Procedures Today

It is advisable to revisit your I-9 process periodically to ensure compliance. Monitor the USCIS website and compliance channels for information about new I-9 editions, E-Verify updates, or other changes. The DHS usually revises the I-9 once every few years, but more frequent updates may sometimes occur. Businesses usually have enough time before the new form comes into effect. Make sure your business has begun using the new I-9 form from 2023. With it, you can enjoy a more streamlined onboarding process with simpler documentation.