New Version of I-9 Form Available for Use Starting August 1, 2023

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Here is a bit of news on the hiring front that all employers need to be aware of: U.S. Citizenship and Immigration Services (USCIS) has just announced a new version of Form I-9, Employment Eligibility Verification.  As you know, employers must use Form I-9 to verify the identity and employment authorization of their employees. USCIS has changed both the form and its instructions, including a checkbox to indicate that an employee’s Form I-9 documentation was checked using a DHS-authorized alternative procedure. Here are some key points to keep in mind for the new form.

Important effective dates:

• Form I-9, Employment Eligibility Verification, with a version date of “(Rev. 08/01/23)” is 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of Form I-9 (Rev. 10/21/19) continues to be effective through October 31, 2023, after which it will be obsolete and no longer valid for use.
• The version date is located in the bottom corner of the form.
• Beginning November 1, 2023, employers who fail to use Form I-9 (Rev. 08/01/23) may be subject to all applicable penalties under section 274A of the Immigration and Nationality Act (INA), 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE).

Details regarding the new form:

• Section 1 of the form collects, at the time of hire, identifying information about the employee (and preparer or translator if used), and requires the employee to attest to whether the employee is a U.S. citizen, noncitizen national, lawful permanent resident, or noncitizen authorized to work in the United States.
• Section 2 of the form collects, within three days of the employee’s hire, identifying information about the employee and information regarding the employee’s identity and employment authorization. The employee must present original documentation evidencing the employee’s identity and employment authorization, which the employer must review.
• Supplement A, Preparer and/or Translator Certification for Section 1, is completed when employees have preparers and/or translators assist them in completing Section 1 of Form I-9.
• Supplement B, Reverification and Rehire (formerly Section 3), is primarily used to verify the continued employment authorization of the employee. This Supplement is completed prior to the date that the employee’s employment authorization and/or employment authorization documentation recorded in either Section 1 or Section 2 of the form expires, if applicable. This Supplement may also be used if the employee is rehired within 3 years of the date of the initial completion of the form and to record a name change.

Recordkeeping:

• Employers must maintain Forms I-9 for as long as an individual works for the employer and for the required retention period after the termination of an individual’s employment (either 3 years after the date of hire or 1 year after the date employment ended, whichever is later).
• Also, employers must make their employees’ Forms I-9 available for inspection upon request by officers of the Department of Homeland Security (DHS), the Immigrant and Employee Rights Section (IER) in the Department of Justice’s Civil Rights Division, and the Department of Labor.
• An employer’s failure to ensure proper completion and retention of Forms I-9 may subject the employer to civil money penalties, and, in some cases, criminal penalties.

What should employers do now?

• Employers do not need to complete the new Form I-9 (Rev. 08/01/23) for current employees who already have a properly completed Form I-9 on file, unless reverification applies after October 31, 2023.  Unnecessary verification may violate the INA's anti-discrimination provision, section 274B of the INA, 8 U.S.C. 1324b, which is enforced by IER.
• For new hires, the current form can still be used from now until October 31, 2023. Starting November 1, 2023, employers must use the updated I-9 form (however, the new form can be used starting August 1, 2023).

Where can an employer get the current and new I-9 forms?

• Right now, a sample of the 2023 revised Form I-9 can be viewed at www.regulations.gov under the docket for notice CIS No. 2532-13; DHS Docket No. USCIS-2006-0068.
• The current form can be downloaded from www.uscis.gov/i-9.
• Starting on August 1, 2023, employers may download the new Form I-9 (Rev. 08/01/23) from the USCIS website at www.uscis.gov/i-9.
• Employers can order the paper Form I-9 at www.uscis.gov/forms/forms-by-mail. For more information, the public can contact the USCIS Contact Center at 800-375-5283 or visit USCIS’ I-9 Central webpage at www.uscis.gov/i-9central.
• A Spanish-language version of the new Form I-9 is also available at www.uscis.gov/i-9 for use in Puerto Rico only.

Additional questions? Contact information is provided by the USCIS as follows:

• Laura Ragan Henry, Branch Chief, Employment Eligibility, Verification Division, Immigration Records and Identity Services, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, 5900 Capital Gateway Dr, Camp Springs, MD 20746, telephone number (240) 721-3000.
• Employers can contact the Form I-9 Contact Center at 888-464-4218 (TTY: 877-875-6028) and employees can call 888-897-7781 (TTY: 877-875-6028) for more information.
• The public can also email the Form I-9 Contact Center at [email protected]

And, as always, you can reach out to the experts at Rosasco Law Group APC for more information.