The United States Citizenship and Immigration Services (“USCIS”) of the Department of Homeland Security (“DHS”) recently announced changes to Form I-9, effective August 1, 2023.
What is Form I-9?
Form I-9 is used by Employers to verify the identity and employment authorization of individuals hired for employment in the U.S. All U.S. employers must complete Form I-9 for each individual hired for employment in the U.S., which includes citizens and non-citizens. Both employees and employers (or authorized representatives of the employer) must complete the form.
What changes were made to Form I-9?
Changed to Form I-9 include the following:
- The addition of a checkbox to indicate that an employee’s Form I-9 documentation was examined using a new authorized alternative procedure rather than by physical examination.
- Fields were merged to reduce Sections 1 and 2 to a single-sided sheet.
- The preparer/translator certification was moved to a separate standalone supplement to provide to employees on an as-needed basis.
- The reverification/rehire section was moved to a separate standalone supplement.
- The employee’s attestation field was edited and additional clarification was provided to mitigate errors by employees.
- Form I-9 can now be completed on tablets and mobile devices and certain features were streamlined to simplify the download process.
- The term “alien authorized to work” was replaced with “noncitizen authorized to work.”
- The notice regarding avoiding discrimination in the I-9 process was updated.
- The instructions were reduced from 15 to 8 pages in length.
- The List of Acceptable Documents page was revised to include some acceptable receipts, as well as guidance and links to information on automatic extensions of employment authorization documents.
Key Dates to Remember
Employers will have until October 31, 2023, to transition to the new Form I-9. Thereafter, starting on November 1, 2023, employers who fail to use the new version of Form I-9 will be subject to penalties. Starting on August 1, 2023, employers may download the new Form I-9 from the USCIS website (http://www.uscis.gov/i-9).
Conclusion
It is important for employers to keep themselves informed of these new developments concerning Form I-9 to avoid penalties in the future.
For more information on Form I-9 requirements, please contact us at info@mnklawyers.com.
This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.
