New I-9 Form: All Employers Must Start Using November 1, 2023

Starting November 1, 2023, all employers must use the New I-9 form to verify the identity and eligibility of workers to work in the United States. The new I-9 form has been available since August 1, 2023 (access form here), but employers can still use the old form until October 31, 2023.

Failure to use the new I-9 Form starting November 1, 2023, may lead to penalties being assessed to employers.

The changes to the new I-9 form were made to streamline the form completion process and make it easier for employers to use the form. Below is a list of the changes to the new I-9 form:

• Section 1 and 2 fields reduced so both sections are on a single sided page.
• Section 1 Preparer/Translator Certification moved to a separate Supplemental A section for use, if needed.
• Section 3 Reverification and Rehire moved to a separate Supplemental B section for use, if needed.
• Being able to complete the I-9 form as a fillable form on tablets and mobile devices, and easily downloading the form.
• Removing requirement to enter N/A in a number of fields.
• Including list of acceptable receipts in List of Acceptable Documents, as well as including guidance and links to information on automatic extensions of employment authorization documentation.
• Adding box that eligible employers must check if employee’s I-9 form documentation was examined under DHS-authorized alternative procedure instead of physical examination.
• Reduced length of I-9 form instructions from 15 pages to eight and streamlining steps employer and employees need to take to complete their sections of the form (access Instructions here).

UEA attorneys are available to address Member's questions and concerns regarding the New I-9 Form and its use.