The Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) announced a new version of the Form I-9, Employment Eligibility Verification, available for use beginning August 1, 2023. Employers should begin using the new form on this date; however, the prior version dated 10/21/19 may be used through October 31, 2023.

Current employees with a properly completed Form I-9 on file do not need to complete the new version, unless reverification is needed after October 31, 2023.
Significant changes include:

• Sections 1 and 2 are now on single-sided sheet;
• Removed certain features to improve ease of downloading, including the requirement to enter “N/A” in certain fields;
• Preparer and/or Translator Certification for Section 1 has been moved to Supplement A;
• Reverification and Rehire (formerly Section 3) has been moved to Supplement B;
• Addition of a checkbox to indicate that an employee’s Form I-9 documentation was examined using a DHS-authorized alternative procedure (see below); and
• Updates to instructions, including the Lists of Acceptable Documents.

The revised version of the Form I-9 will be available here (August 1, 2023).

In addition to updating the Form I-9, DHS published a final rule amending its regulations to create a framework under which the Secretary of Homeland Security may authorize alternative document examination procedures to in-person physical examination.

Concurrently with the publication of the final rule, DHS published Optional Alternative 1 to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9). The alternative procedure is only available to employers who are enrolled and are in good standing in E-Verify (qualified employers). According to DHS, this limitation, along with the additional procedures, helps to ensure an equivalent level of security compared to physical inspection.

Employers enrolled in E-Verify are not required to use the alternative procedure. However, if the employer chooses to use the alternative procedure with new hires at an E-Verify hiring site, it must do so consistently for all employees at that site without discrimination. The E-Verify employer may also choose to use the alternative for only remote-hires, and still use physical inspection for in-person and hybrid workers, as long as doing so is not discriminatory in purpose or effect.

Alternative Procedure:

Within three business days of an employee’s first day of employment, a qualified employer (or an authorized representative) who chooses to use the alternative procedure must:

1. Examine copies (front and back, if the document is two-sided) of Form I-9 documents (or an acceptable receipt) to ensure that the documentation presented reasonably appears to be genuine;
2. Conduct a live video interaction with the individual presenting the document(s) to ensure that the documentation reasonably appears to be genuine and related to the individual. The employee must first transmit a copy of the document(s) to the employer (per Step 1 above) and then present the same document(s) during the live video interaction;
3. Indicate on the Form I-9, by completing the corresponding box, that an alternative procedure was used to examine documentation to complete Section 2 or for reverification, as applicable;
4. Retain, consistent with applicable regulations, a clear and legible copy of the documentation (front and back, if the documentation is two-sided); and
5. In the event of a Form I-9 audit or investigation by a relevant federal government official, make available the clear and legible copies of the identity and employment authorization documentation presented by the employee for document examination in connection with the employment eligibility verification process.

Physical Examination After COVID-19 Flexibilities Sunset on July 31, 2023

Qualified employers that were enrolled in E-Verify when they performed remote examination of an employee’s Form I-9 documents pursuant to the COVID-19 flexibilities, and created a case in E-Verify, may use the alternative procedure to satisfy the physical examination requirement for that employee’s Form I-9. For more detailed instructions, see Question M of the Alternative Procedure 1 document.

Employers who were not enrolled in E-Verify when they performed remote examination of an employee’s Form I-9 documents pursuant to the COVID-19 flexibilities are required to physically examine the employee’s Form I-9 documents in the employee’s physical presence no later than August 30, 2023.