USCIS To Publish Revised Form I-9

At long last, the U.S. Citizenship and Immigration Service (USCIS) will publish a new Form I-9, as announced here and here. The most recent version expired in October 2022, which has created a constant source of confusion for employers. Though unavailable until August 1, 2023, employers now have a firm commitment from the USCIS. The previous version can be used through October 31, 2023, giving employers time to implement the new form and instructions when they become available.

The revised Form I-9 will include the following updates:

• Reduces Sections 1 and 2 to a single-sided sheet;
• Is designed to be a fillable form on tablets and mobile devices;
• Moves the Section 1 Preparer and/or Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary;
• Moves the Section 3 Reverification and Rehires area to a standalone supplement that employers can print if or when a rehire occurs or reverification is required;
• Revises the Lists of Acceptable Documents page to include some acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documentation;
• Reduces the form instructions from 15 pages to 8 pages; and
• Includes a checkbox, allowing employers to indicate they examined Form I-9 documentation remotely under a DHS-authorized alternative procedure rather than via physical examination.

Per the USCIS, "Employers who participate in E-Verify and are in good standing will have the option to conduct verification electronically and with a live video call interaction." "Employers who do not participate in E-Verify have until August 30, 2023, as previously announced, to perform all required physical examination of identity and employment authorization documents for those individuals hired on or after March 20, 2020, and who have received only a virtual or remote examination under the COVID-19 temporary flexibilities."

The revised Form I-9 (edition date 08/01/23) will be published on uscis.gov on Aug. 1, 2023. Employers can use the current Form I-9 (edition date 10/21/19) through October 31, 2023. Starting November 1, 2023, all employers must use the new Form I-9.

The final rule, when published (anticipated on July 25, 2023), will be available here.