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Reminder: Starting Nov. 1, All Employers Must Use the Revised Form I-9

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October 25, 2023

Reminder: Starting Nov. 1,

All Employers Must Use

the Revised Form I-9

 

Dear Stakeholder,

Starting November 1, 2023, all employers must use the revised Form I-9, Employment Eligibility Verification, with the edition date 08/01/23, when completing the employment eligibility verification process. This updated Form I-9 reflects the option for eligible employers to verify employment eligibility remotely. This edition is available now, and starting November 1, all previous versions will no longer be accepted. If you do not use the 8/01/23 edition of Form I-9, you may be subject to penalties.

Changes to Form I-9

The changes to Form I-9 reflect USCIS’ efforts to improve the customer experience, and we will continue to review the agency’s customer experience initiatives and offer additional recommendations.

Previous Form I-9
(Edition date: 10/21/2019)
No longer valid

Current Form I-9
(Edition date: 08/01/23)

Sections 1 and 2 on two separate pages

Sections 1 and 2 reduced to one page

Not easily fillable

Designed to be a fillable form on tablets and mobile devices

“Preparer and/or Translator Certification” portion is in Section 1

“Preparer and/or Translator Certification” portion is now a separate Supplement A on page 3 to be used as needed

Section 3, “Reverification and Rehire” a part of main Form I-9

“Reverification and Rehire” section is now a separate Supplement B on page 4 to be used as needed

Information on acceptable receipts is in the instructions, not the “Lists of Acceptable Documents”

“Lists of Acceptable Documents” now include acceptable receipt notices and more information on automatic extensions of employment authorization documents (EADs)

Instructions are 15 pages

Instructions are 8 pages

No clear way for employers to indicate they used optional alternatives, when available, to examine Form I-9 documentation

Checkbox in Section 2 (under “Additional Information”) for eligible employers to indicate they examined Form I-9 documents remotely

Remote Employment Eligibility Verification

Starting July 21, 2023, if you are an employer enrolled in E-Verify, you may remotely examine your employees’ identity and employment authorization documents using the process in Section 4.5 Remote Document Examination (Optional Alternative Procedure to Physical Document Examination) of the Handbook for Employers (M-274). If you verify the documents remotely, remember to check the box labeled “Check here if you used an alternative procedure authorized by DHS to examine documents” in the “Additional Information” box in Section 2 of Form I-9.

For FAQs on remotely examining Form 1-9 documents, see Optional Alternative 1 to the Physical Document Examination Associated With Employment Eligibility Verification (Form I-9) in the Federal Register.

More Information

Go to USCIS’ I-9 Central and its July 21, 2023 web alert for more information. USCIS also offers free employer training on completing Form I-9. You can sign up on USCIS’ Employment Eligibility Webinars page.

To learn about penalties for Form I-9 violations, see U.S. Immigration and Customs Enforcement’s Form I-9 Inspection page and Section 274A of the Immigration and Nationality Act.

For more information on our office, please visit www.dhs.gov/cisombudsman or follow us on FacebookLinkedIn, and Twitter.

Please complete the CIS Ombudsman Customer Satisfaction Survey. We appreciate your feedback.

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