The New I-9 Form and Its Changes

The new I-9 form has been released and is available here.  Employers can begin using it now but must use the new I-9 form by November 1.  Here are some of the changes:

  • Section 1 (completed by employee) and 2 (completed by employer) are now both on the front page of the form with the list of accepted documents on the back.

  • The Preparer/Translator section and the Reverification/Rehire section are now on separate pages as Supplements A and B.

  • Can be filled out on tablets and mobile devices.

  • Requirement to enter “N/A” has been removed in certain fields.

  • List of Acceptable Documents page has been revised.

  • Added a checkbox to indicate the employee’s I-9 documentation was reviewed under the new alternative procedure (for qualified E-Verify employers only).

New Remote Examination of I-9 Documents – E-Verify Only

Qualified E-Verify employers may remotely examine I-9 documents.  Details on this optional new procedure are available hereEmployers who were not enrolled in E-Verify during the COVID-19 flexibilities must still complete an in-person physical examination by August 30.

Best Practices for Compliance

  1. Ensure all staff involved in the I-9 and, if applicable, E-Verify process are trained on the new form and procedures. If you offer the new alternative procedure to new employees at an E-Verify hiring site, you must do so consistently for all employees at that site. However, you may choose to offer the new alternative procedure for remote hires only and continue to review physical documents for all employees who work onsite or are hybrid.  You must allow employees who are unable or unwilling to use the alternative procedure to provide their physical documents.

  2. Update immigration policies in your handbook, or create a policy if you do not have one.

  3. Update your internal processes associated with I-9s and E-Verify.

  4. If you use an electronic I-9 provider, ensure the provider is compliant with the new changes and requirements, including audit trails.

  5. Conduct an attorney-client privileged audit of I-9s completed 3/20/20-7/31/23 with outside immigration counsel.

  6. Evaluate the advantages and disadvantages of E-Verify with immigration counsel to determine if you should use the remote verification option available to E-Verify employers.

For more information regarding the new I-9 form and remote verification:  https://www.fisherphillips.com/en/news-insights/employers-new-i9-form-everify-users-get-remote-verification-flexibility.html