New Form I-9 2023
On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) released the new version of the Form I-9, an integral document for employers that is used to verify the identity and authorization of individuals hired for employment in the U.S.
The new Form I-9 and accompanying instructions have been redesigned to be easier for employers to use, with a clearer and more efficient layout. On the new Form I-9, you’ll find the following changes:
- Reduced Sections 1 and 2 to a single-sided sheet;
- Designed to be a fillable form on tablets and mobile devices;
- Moved the Section 1 Preparer/Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary;
- Moved Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when rehire occurs or re-verification is required;
- Revised 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;
- Reduced 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.
Remote Examination of Form I-9
One of the biggest changes employers will now see is the new checkbox allowing employers enrolled in E-Verify to take advantage of remote examination of Form I-9 documentation, which grants employers more flexibility in the Form I-9 verification process. Emily M. Dickens, SHRM’s chief of staff and head of public affairs, describes this new change as reflecting “the modern reality of the American workforce and HR processes and takes account of current and emerging technology—all while investing in the integrity and the security of the U.S. immigration system.”
Employers can still use the previous version of the Form I-9 until October 31, 2023. After that date, the updated Form I-9 must be used. However, employers are encouraged to start implementing the new form I-9 as soon as practical.
Avoiding Penalties and Ensuring Compliance with the New Form I-9
Despite some new flexibilities and a sleeker format, the rollout of the new Form I-9 does not mean that penalties and fines for noncompliance become lax. Mistakes or technical violations on I-9 forms can still cost employers big, ranging from $252-$2,507 for first offenses and $1,161-$2,322 for second and subsequent paperwork offenses per violation. EnformHR can help your business make sure these common compliance pitfalls are avoided. Reach out to our team to see how we can help you.