Greenspoon Marder Immigration Alert: Form I-9, Employee Eligibility Verification Update – July 25, 2023

By: Patricia Gannon, Esq. and Marcela Bermudez, Esq.

A new form I-9 will be released and available as of August 1, 2023. Although the old form can be used through October 31, 2023, we recommend looking at the new form and new requirements.

This new form will be shorter and should be easier to complete. For employers who are enrolled in E-Verify, the new form will provide permanent flexibilities for remote examination of the employee’s I-9 documents. Remote procedures were temporarily made available during COVID-19 but this temporary rule will sunset on July 31, 2023.

The new I-9 form’s changes and improvements include:

• Reduces Sections 1 and 2 to a single-sided sheet;

• Designed to be a fillable form on tablets and mobile devices;

• Moves the Section 1 Preparer/Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary;

• Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when rehire occurs or re-verification 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 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 in-person examination. This is only available to employers who are enrolled in E-Verify. To participate in the remote examination of Form I-9 documents under the DHS-authorized alternative procedure, employers must be enrolled in E-Verify, examine and retain copies of all documents, conduct a live video interaction with the employee, and create an E-Verify case if the employee is a new hire.

For further information, you can refer to:

• USCIS’s News Alert here and the Federal Register-Unpublished Rule here.

We will continue to monitor the situation.

Please reach out to your Greenspoon Marder LLP Immigration & Naturalization Practice Group for any further questions or concerns.