July 28, 2023
DHS to Release New I-9 Form
On Tuesday, August 1, 2023, DHS plans to release a revised I-9 Employment Eligibility Verification form, reducing Sections 1 and 2 to a single-sided sheet. The new I-9 form will also provide guidance on receipts and automatic extensions of employment authorization documentation. Additionally, it will move the “Section 3” re-verification portion of the form to a new “Reverification and Rehire” standalone supplement. The new form will additionally be accessible on tablets and mobile devices.
For employers that have employees who work remotely, the new I-9 form will have a checkbox allowing employers using E-Verify to indicate that they examined I-9 documentation remotely rather than via in-person physical examination of the original documents. A live video interaction with the employee will be sufficient under the new authorized procedure as long as the employer runs the new hire through E-Verify.
Importantly, DHS has announced that employers who participated in remote I-9 verification during the temporary COVID-19 flexibilities may choose to use the new alternative procedure starting on August 1 to satisfy the physical document examination requirement by the end of the grace period on August 30, 2023.
Employers may choose to continue using the previous version of Form I-9 for the next three months. However, only the new August 1, 2023 I-9 form may be used on or after November 1, 2023.
We appreciate the opportunity to assist you with your Form I-9 questions. Please reach out to us with any I-9 concerns you may have.