I-9 Update: The NEW Form

When does it take effect?

The NEW I-9 form will be available here as of August 1, 2023.
The prior I-9 (Rev. 10/21/19) is effective through October 31, 2023. Beginning November 1, only the new form will be accepted.
You don't need to fill out the new form for employees with a current I-9, unless you need to reverify after October 31.

I-9's can now be completed on tablets and mobile devices and downloaded.
Section 1, Preparer/Translator Certification, is now a standalone document (Supplement A) that employers can provide to employees when necessary.
Section 1 has also replaced the term “alien authorized to work” with “noncitizen authorized to work.”
Section 3, Reverification and Rehire, is now a standalone document (Supplement B) if reverification is required.
The Lists of Acceptable Documents page now includes acceptable receipts, as well as additional guidance on automatic extensions of employment authorization documents.
A box has been added to indicate if I-9 documentation was examined using the new alternative verification procedure.
The instructions have been reduced to eight pages.

Ensure that you’re using the new I-9 for all new hires and reverifications by November 1, 2023.

Qualified employers are allowed to conduct remote documentation verification for any employee hired on or after August 1, 2023, but need to follow specific steps known as the "alternative procedure."
The alternative procedure must be offered to all employees at a particular hiring site. You can offer it to only remote employees.
You can’t choose when to use remote or in-person verification based on a person’s or group of employees’ citizenship or immigration status, national origin, or any other protected characteristic.

Qualified employers are federal E-Verify participants in good standing. You're in "good standing" if:

You've enrolled in E-Verify for all hiring sites in the United States that use the alternative procedure.
You are compliant with all E-Verify program requirements.
You continue to be enrolled in E-Verify and in good standing when using the alternative procedure

Receive and examine copies of the employee’s I-9 documents (or acceptable receipt) and determine if genuine. If two-sided, examine front and back.
Conduct a live video meeting with the employee displaying the originals of the same documents so you can ensure they appear to be genuine and relate to that employee.
Check the box on the new I-9 indicating an “alternative procedure” was used. If using the old form (Rev. 10/21/19) write “alternative procedure” in the Additional Information field in Section 2.
Retain clear, legible copies of all documents the employee sent, regardless of whether they are from List A, B or C.
Do the above steps within three business days of an employee’s first day of employment.
You can’t require employees to use the alternative procedure if they don’t want to and will need to perform an in-person examination for those unable or unwilling to participate in remote verification.

If you qualify for the alternative procedure and COVID-19 Flexibilities, you can use the alternative procedure to satisfy the requirement to physically examine Form I-9 documentation examined remotely under the COVID-19 flexibilities, but only if all of these conditions are met:

You were enrolled in E-Verify at the time the remote examination for a new hire or a reverification occurred.
You created an E-Verify case for the employee, except in the case of a reverification.
You performed the remote inspection between March 20, 2020, and July 31, 2023.

Follow the alternative procedure steps and write “alternative procedure” and the date of the live video meeting on the I-9 in Section 2 in the Additional Information box or the section used for reverification, whichever applies. Do not create a new case in E-Verify.
Note About E-Verify: If you aren’t using E-Verify but want to utilize the alternative procedure, begin the enrollment process now. Start by seeing what’s needed to enroll here.