As you may be aware, on August 1, 2023, the U.S. Citizen and Immigration Services (USCIS) released an updated version of form I-9 to be used until July 31, 2026. This form has several changes from the prior one and must be implemented on all new hires by November 1, 2023. Here are eight changes that you need to know. Click here to download a copy of the new form.
- Sections 1 and 2 have been condensed to 1 page, meaning employees will fill out their personal information on the same page employers will verify an employee’s documentation.
- Supplement A, which shows if an employee has used a preparer or translator, has been moved to a separate page and now has four spaces accommodating four preparers/translators to sign.
- Supplement B has now replaced Section 3 and is only needed if a former employee is rehired within three years of the completion of their former I-9 or when they supply a legal name change, or to reverify a current employee when a work authorization has expired. There are three spots on the form for up to three List A or List C documents for reverification.
- Digital I-9 forms are now formatted so they can be filled out on a touchscreen. This means employees can complete I-9 forms from a tablet or mobile device.
- Finally, employees and employers no longer must write N/A in blank spaces on the I-9. For instance, if an employee does not have a middle initial, they can leave the space blank rather than write “N/A” in the field.
- All documents reviewed remotely during the Covid-19 pandemic by businesses not already enrolled in E-Verify must be verified in-person by August 30, 2023.
- There have also been some changes to the valid receipts accepted for documentation. Take a look here to see the full list. Plus, the acceptable receipts are now shown on the “List of Acceptable Documents.”
- The instructions for the I-9 have been reduced from fifteen pages to eight. Remember to provide the instructions, along with the “List of Acceptable Documents,” to your new hires when they complete their I-9, ensuring you are compliant with I-9 rules.
Resources and Other Reminders
The U.S. Citizenship and Immigration Services (USCIS) website has a dedicated section with comprehensive and up-to-date information about completing the I-9 form. I-9 Central has resources, articles, and news. Plus, they have a chat feature, and you can sign up for email updates.
In addition, USCIS hosts free webinars regularly for your HR department or any employee who handles completing the form to supply answers to all your questions. Follow this link to sign up for an available webinar.
There’s also a printable Handbook for Employers M-274 that provides detailed information and instructions for filling out the I-9. Keep in mind that if you print the handbook, you should still check website regularly to stay current on any updates.
All companies are expected to be compliant when completing the I-9, so it is vital that your employees are trained on the new form. Immigration & Customs Enforcement (ICE) conducts regular audits of businesses and will levy hefty fines to companies who have I-9 errors and who do not have a “Culture of Compliance” in their organization. For more information on I-9 audits, check out our blog, “6 Ways to Avoid I-9 Penalties.”
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Please note: this article is for informational purposes only and is not intended to be legal advice. You should not rely on this article or any article on this website for legal advice. This article offers a brief overview of the new I-9 forms. For more detailed information about I-9 forms, please refer to the U.S. Citizen and Immigration Services website and the I-9 Central linked here. Please consult a lawyer for any legal concerns you may have.