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Revised Form I-9

Revised I-9

On Aug. 1, 2023, U.S. Citizenship and Immigration Services will publish a revised version of Form I-9, Employment Eligibility Verification. The revised form includes alternative document inspection procedures for employers enrolled in E-Verify.

Document Inspection for Employers Enrolled in E-Verify

  • E-Verify employers are able to conduct remote inspection of employees’ identity and work authorization documents.

  • Remote inspection is available to E-Verify employers at any hiring site enrolled in E-Verify.

  • If a qualifying E-Verify employer uses the remote inspection procedure for new employees at a hiring site, it must do so consistently for all remote employees at the site. An employer may offer remote inspection for remote hires only but continue to use in-person physical examination for onsite or hybrid onsite/remote employees, as long as the employer does not adopt this practice for a discriminatory purpose or treat employees differently based on their citizenship, immigration status, or national origin.

  • If an employee is unable or unwilling to submit documents for remote inspection, the employer must permit the employee to submit documents for physical examination.

  • Qualified employers are not required to use the alternative remote inspection process; they may opt to continue in-person physical documentation inspection. However, they must continue to comply with all standard E-Verify requirements.

We recommend that Employers place their I-9 document inspection practices in a written policy for clarity should the employer be subject to an audit.

Document Inspection for Employers Not Enrolled in E-Verify

  • Employers who do not use E-Verify must still inspect all documents in person.

  • This in-person inspection can be completed with the assistance of companies that send an in-person inspector. Another common option is to deputize a family member, roommate, or friend of the employee to serve as an agent of the company and perform the inspection and I-9 completion on behalf of the company. This is typically done over a video call and aided by an HR representative of the company.

The revised I-9 form (edition date 08/01/2023) will be available on on August 1, 2023.  Employers will be able to use the previous edition date (10/21/2019) until October 31, 2023.  Effective November 1, 2023 only the 08/01/2023 edition date will be permitted.

The revised 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 8 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.

Please reach out to Meltzer Hellrung with any questions regarding I-9 compliance.