The U.S. Citizenship and Immigration Service (USCIS) has announced that employers must use new Form I-9 (Rev. 08/01/23) (the “New Form I-9”) by November 1, 2023. USCIS also has issued a new rule that permits employers to use an alternative documentation verification process for employees working remotely.
New Form I-9
Employers use Form I-9 to verify (1) an employee’s identity and (2) authorization to work in the United States. The New Form I-9 includes the following changes:
Current employees are not required to complete the New Form I-9 unless reverification of employment occurs after October 31, 2023.
On August 1, 2023, the New Form I-9 will be available at www.uscis.gov/i-9. Employers are permitted to use the New Form I-9 starting on August 1, 2023, or may continue using the prior version of the Form I-9 (Rev. 10/21/2019) (the “Old Form I-9”) through October 31, 2023. Upon request by the U.S. Department of Homeland Security, U.S. Department of Justice or the U.S. Department of Labor, employers must have Form I-9s available for inspection. Starting November 1, 2023, employers that fail to use the New Form I-9 will be subject to penalties under section 274A of the Immigration and Nationality Act.
Alternative Documentation Verification Process for Remote Employees
Among the changes to the New Form I-9 is an alternative document examination procedure for employees working remotely. The New Form I-9 will have a corresponding box that employers must check if they use this alternative procedure. To use this alternative procedure, employers must be in good standing with E-Verify. Employers using this alternative procedure must do the following:
If you have any questions about the New Form I-9 or the new DHS-alternative document authorization procedure requirements, please contact a member of Gould & Ratner’s Human Resources and Employment Law Practice.