In a move aimed at streamlining and modernizing the employment verification process, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, the Employment Eligibility Verification form, on August 1, 2023. This updated form, with an edition date of 08/01/23, replaces the previous edition from 2019 (dated 10/21/19). The alterations mark a significant shift in the way employers verify the eligibility of their employees to work in the United States.
The Form I-9 is a critical document used by employers to confirm an employee’s identity and authorization to work in the U.S. It serves as a crucial tool in preventing unauthorized employment and upholding the nation’s immigration laws. The latest changes aim to enhance the efficiency of the employment verification process while aligning with evolving workplace dynamics.
Key Differences:
- Layout and Length: One of the most noticeable changes is the form’s layout and length. The new Form I-9 has returned to a one-page format, reminiscent of the version used from 1986 until 2013. However, this “one-page plus” format includes two Supplements, A and B.
- Remote Examination Checkbox: A significant addition to the new form is the inclusion of a checkbox specifically for employers enrolled in E-Verify. This checkbox allows these employers to indicate that they have remotely examined the employee’s identity and employment authorization documents, provided certain criteria are met.
- Reverification and Rehire: The former Section 3 of the Form I-9, focusing on reverification and rehiring, has been moved to a separate page titled Supplement B. This separation aims to facilitate accurate record-keeping for instances of rehiring or reverification.
- Preparer/Translator Certification: The Preparer/Translator Certification section has also been moved to a separate page, now called Supplement A. This change, however, creates the possibility that these certifications might be overlooked by employees and employers due to their separation from the main form.
- “Noncitizen” Terminology: In a move that reflects evolving language and sensitivity, the new Form I-9 shifts from using the term “alien” to referring to individuals as “noncitizens.” Additionally, the form provides clearer instructions under Status 4 for noncitizens to provide specific identification numbers.
- Elimination of “N/A” in Section 1: The new form eliminates the requirement to write “N/A” for unused fields in Section 1. While employers were not penalized for not recording “N/A,” this change seeks to alleviate potential concerns.
- Lists of Acceptable Documents: The Lists of Acceptable Documents page has been revised to encompass acceptable receipts along with physical documents. The updated form also guides employers on automatic extensions of employment authorization documentation.
- Mobile-Friendly Design: Acknowledging the prevalence of mobile devices, the revised Form I-9 is designed to be fillable on tablets and mobile devices. However, physical signatures are still required, unless an electronic I-9 system is used.
- Streamlined Instructions: The instructions for completing the form have been streamlined from 15 pages to 8 pages, aiming for better usability and increased likelihood of full compliance.
With these changes, the revised Form I-9 signals a shift toward a more efficient and user-friendly employment verification process. Employers are advised to become acquainted with the new instructions and requirements to ensure compliance. Until October 31, 2023, the previous edition of the Form I-9 (dated 10/21/19) remains valid. Starting November 1, 2023, the new Form I-9 (dated 08/01/23) becomes mandatory for all employers as part of the employment eligibility verification process. Employers are encouraged to review their workplace policies and rules to ensure alignment with the revised form and other relevant legal standards.