At a Glance

Starting Nov. 1, 2023, employers must use the new version of Form I-9 released by U.S. Citizenship and Immigration Services on Aug. 1, 2023.

Background

All employers are required to complete a Form I-9, Employment Eligibility Verification, for every person hired for employment after Nov. 6, 1986.

On Aug. 1, 2023, U.S. Citizenship and Immigration Services published a new version of Form I-9. Since Aug. 1, 2023, U.S. Citizenship and Immigration Services has permitted employers to continue using the prior version of Form I-9 (10/21/2019 Edition). Beginning Nov. 1, 2023, employers must use the most recent version of Form I-9 (08/01/2023 Edition).

What This Means

No later than Nov. 1, 2023, employers must begin using the most recent version of Form I-9 (08/01/2023 Edition).

Given the number of revisions made by U.S. Citizenship and Immigration Services on the most recent version of Form I-9, Taft recommends all employers familiarize themselves with the most recent version of Form I-9 prior to Nov. 1, 2023. The most recent version of Form I-9:

• Reduces Sections 1 and 2 to a single-sided sheet;
• Is designed to be a fillable form on tablets and mobile devices;
• Moves the Section 1 Preparer/Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary;
• Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when rehire occurs or reverification is required;
• Revises 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;
• Reduces form instructions from 15 pages to eight pages; and
• Includes a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a DHS-authorized alternative procedure rather than via physical examination.

What’s Next

Taft encourages employers who complete Form I-9 electronically through onboarding software to contact their onboarding software provider to ensure the most recent version of Form I-9 will be used starting no later than Nov. 1, 2023.