On August 1, 2023, USCIS released the latest version of the Form I-9, valid until July 31, 2026. Employers should start familiarizing themselves with the new Form I-9 and its instructions now.
What employers need to know:
1. By when do Employers need to start using the new I-9?
By November 1, 2023. The previous version of the I-9 can still be used until Oct. 31, 2023. Starting Nov. 1, 2023, employers who fail to use the latest edition (the 08/01/23 edition) of the Form I-9 may be subject to fines and penalties for noncompliance.
2. What are some changes on the new I-9?
The employee and employer section of the I-9 are now combined into a one page document with two additional supplements.
The preparer certification section is now in a supplement, needed only if a preparer assisted with the I-9.
Reverifications and rehires are completed in a supplement, instead of the previous Section 3.
The new I-9 has a box where the employer can check if they used an alternative procedure authorized by DHS to examine documents. This alternative procedure is only available if the employer is registered for E-Verify. Please see our previous blog post for more details on E-Verify requirements.
Recommendations:
We recommend Employers register their I-9 administrators for an updated I-9 training to ensure they are confident in executing the new I-9.
Leyla McMullen, Mdivani Corporate Immigration Lawyer
