Beginning November 1, 2023, employers must use the new Form I-9 (rev. date 08/01/23) to verify the work authorization of their employees. Although this new Form I-9 has been available since August, until now you could also use the previous version of the form (rev. date 10/21/19). As of November 1, the old form is no longer acceptable, so you must use the new form.
New Form, New Design
The new Form I-9 includes a number of significant changes. Most notably, Section 1 (completed by the employee) and Section 2 (completed by the employer) have been redesigned to fit – once again – on a single page. Additionally, both the Preparer/Translator Certification (previously part of Section 1) and the Reverification and Rehire section (previously Section 3) have been moved to stand-alone supplements that you complete when required. The new Form I-9 is a fillable form that is compatible with tablets and mobile devices.
The new form also contains a checkbox that allows employers to indicate that they have examined the employee’s Form I-9 documentation remotely under the new alternative procedure instead of conducting a physical examination. As explained in our previous post, you may use this alternative procedure if you are enrolled in E-Verify, examine and retain copies of the employee’s documents, conduct a live video interaction with the employee, and E-Verify the employee if he or she is a new hire.
Use the New Form
Failure to use the correct version of the Form I-9 can lead to financial penalties in the event of an ICE audit. Use the new form to stay compliant and avoid potential liability.