New I-9 Form

The U.S. Citizenship and Immigration Services (USCIS) has announced a new version of Form I-9, Employment Eligibility Verification.  USCIS made significant changes to the form and its instructions, including a checkbox to indicate an employee’s Form I-9 documentation was examined using a DHS-authorized alternative procedure.

Form I-9, Employment Eligibility Verification, with a version date of “(Rev. 08/01/23)” will be available for use beginning August 1, 2023. The prior version of Form I-9 (Rev. 10/21/19) continues to be effective through October 31, 2023.

The Department of Homeland Security (DHS) issued a final rule amending its regulations in which the Secretary of Homeland Security (the Secretary) may, as an optional alternative to in-person physical document examination authorize alternative document examination procedures. The Secretary may authorize such alternative procedures with respect to some or all employers as part of a pilot program. DHS states only employers that use E-Verify who are in good standing may continue to conduct verifications electronically after August 1, 2023, but must conduct a live video interview with the employee and comply with other aspects of the new rule.  It is possible in the future that DHS will allow remote examinations to all employers based on the new rule.  

This final rule does not change the standard employers must follow when examining documentation; employers who examine documentation in person (physical examination) or remotely through an alternative procedure authorized by the Secretary are still required to accept documentation that “reasonably appears to be genuine and to relate to” the employee presenting the documentation.