New Version of Form I-9 Required Effective November 1, 2023

Every employer is required to complete a Form I-9 for every employee, even U.S. citizens, and maintain proper compliance. 

Effective November 1, 2023 a new Form I-9 containing an edition date of 08/01/2023 must be used by all employers.  After October 31, 2023, the Form I-9 version dated October 19, 2019 may no longer be used.

Changes to the Form:

The new form contains a number of changes.  The signature block for a preparer/interpreter is no longer at the end of Section 1 but in a separate Supplement A.

Section 3 is eliminated.  Instead, rehires and reverifications are done on a separate Supplement B.

If the employer qualifies for remote verification, and uses remote verification for that worksite, there is a large square box in Section 2 with the heading Additional Information.  At the bottom of that square box is a small checkbox, which must be checked for those who, “used an alternative procedure authorized by DHS to examine documents,” including the procedure for remote verification.

Which Employers Qualify to do Remote Verification: 

Employers who participate in E-Verify and are in good standing may offer the remote verification option to employees.  An employer who offers remote verification at any hiring site where that employer E-verifies workers, must offer it consistently to all workers at that site, with only one exception.  The employer may choose to offer the remote verification procedure only for remote hires and continue to do the physical document inspection procedure for all employees working onsite or hybrid onsite/remote. It is important to treat all employees equally and not pick or choose some to remote verify and some not.  Establish a written policy on this point to avoid allegations of discriminatory practices. 

Steps Required for the New Procedure:

Under the new procedure, a qualified employer or designated representative must:

1. Obtain and retain copies of the front and back of the employment documents presented by the employee from the list of acceptable documents for I-9 purposes.  This can be done via email, fax, etc.,
2. After the employee sends a clear copy of the document(s), conduct a live video interaction during which the employee shows the originals of the same documents previously transmitted,
3. Check the box in Section 2 Additional Information that the alternative procedure was used, and
4. Retain copies of the documents with the I-9 and present them to DHS in the event of an audit.

All of these four steps are required.

Reverification or Rehires: 

Many categories of employment authorization expires after a certain period of time and need to be renewed.  Employers must track when each employee’s authorization to work will expire and have a system for reminders beginning 180 days prior to expiration.

If you are examining documents for reverification or a rehire, complete Supplement B of the new Form I-9.  

We are happy to assist you with the details of I-9 compliance.  Contact:

Barbara A. Marcouiller | Attorney
425.822.2228 | Office
BMarcouiller@PRKLaw.com*

*Barbara is Of Counsel to Davidson, Kilpatric & Krislock, PLLC, and maintains her association with PRK Livengood for their clients’ immigration and I-9 compliance needs.