ATTENTION EMPLOYERS: The USCIS Introduced a New Version of the Form I-9

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Patricia Tsipras

July 25, 2023

On Friday, the U.S. Citizenship and Immigration Services (USCIS) introduced a new version of the Form I-9.  The Form I-9 is used to verify the identity of employees and their authorization to work in the United States.  By revising the Form I-9, the USCIS sought to streamline the form and its instructions to reduce the burden on employers and employees.

The Changes

The changes include, among others:

• reducing the employer and employee sections to one sheet
• moving the Preparer/Translator Certification to a supplement that employers can provide to employees when necessary
• moving the Reverification and Rehire area to a supplement to be completed when necessary
• ensuring that the form can be completed on tablets and mobile devices
• simplifying the instructions
• seeking to avoid discrimination by providing clearer guidance to employers about the verification process
• providing a place for an employer to indicate when they have used a method for document examination that is different than in-person physical examination[1]

The Effective Date

The Form I-9, with a version date of August 1, 2023, will be available for use beginning August 1, 2023.  The prior version, which contains a version date of October 21, 2019, will be effective through October 31, 2023.

Where to Get the New Form

Employers can download the current Form I-9 here (the new version will be available for download at that same link on August 1, 2023).

Retention Period

Employers must retain Forms I-9 for as long as an individual works for the employer and for either three years after the date of hire or one year after employment ends, whichever is later.  Employers also must make their employees’ Forms I-9 available for inspection upon request by the Department of Homeland Security, the Immigrant and Employee Rights Section in the Department of Justice’s Civil Rights Division, and the Department of Labor.  An employer who fails to complete or retain Forms I-9 may be subject to civil monetary penalties and, in some cases, criminal penalties.

Impact on Existing Employees

Employers do not have to complete the new Form I-9 for current employees for whom the employer already has a completed Form I-9 on file (unless reverification is required after October 31, 2023).  Verifying employment eligibility unnecessarily may violate the anti-discrimination provisions of the Immigration and Nationality Act.

[1] The U.S. Department of Homeland Security issued a final rule amending its regulations to create a framework under which the Secretary of Homeland Security may authorize alternative document examination procedures.

This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice.  Always consult an attorney with specific legal issues.