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New I-9 Compliance Rule

July 25, 2023

New I-9 Compliance Rule

There are big changes on the horizon for I-9 verification and compliance. On August 1, 2023, USCIS will publish a revised version of Form I-9, Employment Eligibility Verification. This new form will include a checkbox employers enrolled in E-Verify can use to indicate they remotely examined identity and employment authorization documents under one of the alternative procedures mentioned below. 

Remote Examination Process

There are requirements and stipulations for employers who want to participate in the new remote examination process. To 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. Employers who were participating in E-Verify and created a case for employees whose documents were examined during COVID-19 flexibilities (March 20, 2020 to July 31, 2023), may choose to use the new alternative procedure starting on August 1, 2023 to satisfy the physical document examination requirement by August 30, 2023. Employers who were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person physical examination by Aug. 30, 2023.

New Changes to the Form 

Here are the changes employers can expect on the new form:

• Sections 1 and 2 are now a single-sided sheet;

• The form is now a fillable form on tablets and mobile devices;

• The Section 1 Preparer/Translator Certification area is a separate, standalone supplement that employers can provide to employees when necessary;

• The Section 3, Reverification and Rehire, is a standalone supplement that employers can print if or when rehire occurs or reverification is required;

• There are changes to 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;

• Form instructions are reduced to 8 pages; and

• There is a checkbox allowing employers to indicate that they examined Form I-9 documentation remotely under a DHS-authorized alternative procedure rather than via physical examination.

Form Edition Dates

The revised Form I-9 (edition date 08/01/23) will be published on on August 1, 2023. Employers can use the current Form I-9 (edition date 10/21/19) through October 31, 2023. Starting November 1, 2023, all employers must use the new Form I-9.