Here we go again. Over the past two years USACIS has issued proposed or impending changes to the I-9 system of employee verification. Most of these were recalled. Now we have another somewhat last-minute change in the I-9 system that WILL go into effect.
In general, the only real change is the layout and content of the I-9 form and associated instructions for use. The regulation that you must obtain an I-9 has not changed, simply the form “simplified”. The changes are as follows:
- Reduced Sections 1 and 2 to a single sheet. No previous fields were removed but some were simplified and/or merged.
- Moved the Section 1 Preparer/Translator Certification area to a separate Supplement A that employers can use when necessary. This supplement provides three areas for current and future preparers and translators to complete as needed.
- Moved Section 3 Re-verification and Rehire to a standalone Supplement B that employers can use as needed for rehire or re-verification. This supplement provides four areas for current and subsequent re-verifications.
- Removed use of “alien authorized to work” in Section 1 and replaced it with “noncitizen authorized to work” and clarified the difference between “noncitizen national” and “noncitizen authorized to work.”
- Ensured the form can be filled out on tablets and mobile devices.
- Removed certain features to ensure the form can be downloaded easily.
- Improved guidance to the Lists of Acceptable Documents to include some acceptable receipts, guidance, and links to information on automatic extensions of employment authorization documentation.
- Added a checkbox for E-Verify employers to indicate when they have remotely examined Form I-9 documents.
THE KEY POINT IS THIS…
For hires after November 1, 2023, you MUST use the new form. The form may be found at https://www.uscis.gov/sites/default/files/document/forms/i-9.pdf . You do NOT have to go back and get existing employees to sign a new I-9 form. There are extensive penalties for not utilizing the correct I-9 so make sure you comply with this change.
