news article
Updated Form I-9 effective August 1, 2023
July 28, 2023 / By Tracy Rickett, Human Resources Generalist
On Aug. 1, 2023, U.S. Citizenship and Immigration Services (USCIS) will publish a revised version of Form I-9, Employment Eligibility Verification (PDF, 899.28 KB).
Employers may continue to use the older Form I-9 (Rev. 10/21/19) through Oct. 31, 2023. After that date, employers will be subject to penalties if they use the older form. The new version will not be available for downloading until Aug. 1.
The U.S. Department of Homeland Security (DHS) issued a final rule that allows the agency to create a framework under which employers can implement alternative document examination procedures, such as remote document examination. The new form has a checkbox to indicate when an employee's Form I-9 documentation was examined using a DHS-authorized alternative procedure.
Only employers that use E-Verify who are in good standing may continue to conduct verifications electronically after Aug. 1, 2023. E-Verify employers performing remote verification must conduct a live video interview with the employee, retain copies of all documents presented in the I-9 verification process and create E-Verify cases for new employees.
Employers who were participating in E-Verify and created a case for employees whose documents were examined during COVID-19 flexibilities (March 20, 2020 to July 31, 2023), may choose to use the new alternative procedure starting on August 1, 2023 to satisfy the physical document examination requirement by Aug. 30, 2023. Employers who were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person physical examination by Aug. 30, 2023.
Completing the New Form I-9
Completed at the time of hire, Section 1 of the new form collects identifying information about the employee and requires the employee to attest to whether they are a U.S. citizen, noncitizen national, lawful permanent resident or noncitizen authorized to work in the United States.
Completed within three days of the employee's hire, Section 2 of the new form collects information about the employee's identity and employment authorization. The employee must present original documentation proving the employee's identity and employment authorization, which the employer must review.
When new hires have preparers and/or translators assist them in completing Section 1, they should complete Supplement A.
Employers should fill out Supplement B when rehire occurs or reverification is required. This should be completed prior to the date that the worker's employment authorization expires. Supplement B also may be used to record a name change.
Employers do not need to complete a new Form I-9 for current employees who already have a properly completed Form I-9 on file.
Employers must maintain a person's Form I-9 for as long as the individual works for the employer and for the required retention period after the termination of an individual's employment (either three years after the date of hire or one year after the date employment ended, whichever is later).
Employers must make I-9 forms available for inspection upon request by officers of the DHS, the U.S. Department of Justice or the U.S. Department of Labor. Employers that don't complete and retain I-9 forms properly may face civil money penalties and, in some cases, criminal penalties.
The revised Form I-9 (edition date 08/01/23) will be published on uscis.gov on Aug. 1, 2023. Employers can use the current Form I-9 (edition date 10/21/19) through Oct. 31, 2023. Starting Nov. 1, 2023, all employers must use the new Form I-9.
If you have questions, please contact Tracy Rickett, Human Resources Generalist, at (315) 898-2017 or tracyrickett@unyumc.org.