On November 1st Employers Must Start Using New Form I-9

By Marylou Fabbo - Skoler Abbott

October 31, 2023

Form I-9 was revised on August 1, 2023. Starting November 1, 2023, employers must begin using the August 1, 2023 edition of Form I 9, Employment Eligibility Verification.  A revised Spanish edition of Form I-9, also with an edition date of August 1, 2023, is available for use in Puerto Rico only and by other employers as a translation aid.  Both forms are available on the U.S. Citizenship and Immigration Services’ website (www.uscis.gov).

The Form I-9 has been modernized.  It can be completed on tablets and mobile devices, (although a “wet signature” is needed unless the employer is using an electronic Form I-9 system).  Also, employers using E-Verify are now able to indicate that they have examined the employee’s identity and employment authorization documents by remote means.  In addition, the use of the word “aliens” to refer to non-citizens has been eliminated. The new Form I-9 now refers to non-citizens as “non-citizens.”

It’s One Page (Sort of).  The Form I-9 has returned to one page, which it has not been for several years.  Still, there are A and B Supplements, which most employer won’t need to use.  The A Supplement is used for when a Preparer or Translator is utilized in the completion of the Form I-9.  The B Supplement is to be used for verification and rehire purposes.

Additional Acceptable Documents.  Some “Receipts” have been added to the List of Acceptable Documents. This change may reflect some delays in processing various applications submitted to Homeland Security(“DHS”).  Once a Receipt has issued, (in some cases) the employee will not have to wait for a final decision from DHS.  

The Form I-9 instructions appear to be easier to follow.  Employers who have not already done so should review the new Form to make sure they are familiar with the changes.  Also, the change in form provides a perfect time to make sure current employees’ Forms I-9 are fully and accurately completed.

Employers with questions about the changes or inaccurately/improperly completed Forms I-9 should contact an immigration or employment attorney.

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