October 2023 marks the final rollout of a revised Form I-9, the form required to authenticate the work authorization of each new employee hired to work in the United States. The rollout provides employers with a more streamlined version of the I-9 that preserves the flexible options for remote verification of document verification introduced during the Covid-19 pandemic. Employers will be required to use the new form starting October 12, 2023.

Who do the changes affect? Employers and employees must fill out a Form I-9 for every employee who begins work in the United States—whether he or she is a citizen or a non-citizen. This means every employer will be impacted by the changes to the I-9. Because employers have only 3 days to submit an I-9 for a newly hired employee, employers should make sure they understand the new form to reduce confusion and delays.

Can I continue to verify documents remotely? Yes, if you meet certain conditions. U.S. Citizenship and Immigration Services has announced that employers who are E-Verify participants in good standing will be able to continue to remotely verify documents over live video, provided the employer also keeps a copy of the documents in the employee’s file. More information about the E-Verify program can be found on the U.S. Citizenship and Immigration Services website, located here.

What changes have been made to the form? The new I-9 requires employers and employees to provide the same information as it has in the past, but streamlines both the instructions and the space in which employers and employees enter information. The result is a cleaner, shorter Form I-9.

Changes employers will notice include:

• Sections 1 and 2 are now single-sided;
• I-9 is now a fillable form on tablets and mobile devices;
• Section 1 Preparer/Translator Certification is a standalone supplement that employers can provide to employees when necessary;
• Section 3, Reverification and Rehire is a standalone supplement that employers can print when rehire occurs or reverification is required;
• The Lists of Acceptable Documents page includes acceptable receipts and guidance and links to information on automatic extensions of employment authorization documentation;
• Form instructions are reduced to 8 pages; and
• A checkbox allows employers to indicate they examined Form I-9 documentation remotely.

Do you have questions about the new Form I-9? Prepare for the deadline to transition to the new form by contacting Ross Hamilton at RHamilton@tuggleduggins.com or 336-271-5279, Denis Jacobson at DJacobson@tuggleduggins.com or 336-271-5242 or Shauna Baker-Karl at SBaker-Karl@tuggleduggins.com or 336-271-5249.

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