August 1, 2023 • News

Revised Form I-9 Features Significant Changes

Form I-9 Employment Eligibility Verification (Rev. 08/01/23) is available to be downloaded from the U.S. Citizenship and Immigration Services (USCIS) website. USCIS made significant changes to the form and its instructions, including a checkbox to indicate that an employee’s Form I-9 documentation was examined using a Department of Homeland Security (DHS)-authorized alternative procedure. 

This optional procedure is an alternative to the in-person physical examination of documentation related to the completion of Form I-9. It is only available to employers who use E-Verify and are in good standing.  Qualified employers must:

Eligible employers will not be required to physically inspect the documentation of employees hired under COVID flexibilities if they meet certain requirements.  Eligible employers using the new Form I-9 must indicate on the form that an alternative procedure was used to examine the documentation for either Section 2 or when conducting re-verification by completing the corresponding box on the form. For more information, see the (unpublished) DHS final rule.

Along with the addition of the checkbox, the revised form also:

Employers may continue using the prior version (Rev. 10/21/19) through October 31, 2023. Beginning November 1, 2023, employers who fail to use Form I-9 (Rev. 08/01/23) may be subject to penalties. See the USCIS notice for more information.