New Form I-9: 5 Changes You Need to Know

Beth Dean 08.08.23
Compliance
Nextep Blog - new Form I-9

The new Form I-9 is here, and it has some changes that you need to know about.

The latest version of Form I-9, Employment Eligibility Verification, took effect on August 1, 2023. Employers should take note this new form has a few changes. Here’s a quick rundown.

  • Employers must use the new form for all employees hired on or after August 1, 2023. For employees hired before August 1, 2023, employers may continue to use the old form until it expires on October 31, 2023.
  • The new form is shorter than the old form. Some less frequently used instructions are now in the US Citizenship and Immigration Services (USCIS) online employer handbook.
  • The new form includes a new list of acceptable identity and employment authorization documents. This list includes a few new documents, such as a driver’s license with a photograph issued by a US state or territory, a tribal identification card, and a passport from a foreign country.
  • The new form includes a new procedure for employers who use E-Verify to examine employee documents remotely. Under this procedure, the employer may remotely examine the employee’s documents using a secure videoconferencing platform.
  • The new form requires employers to retain Form I-9 longer. They must now keep the I-9 for three years after the employee’s first day of employment or one year from the date employment ends, whichever is later. This timeline is a significant change from the previous retention period of one year after the employee’s first day of employment.

Keep in mind also the recent changes to how employers are allowed to review I-9 documents. During the COVID pandemic, authorities had temporarily allowed remote/virtual I-9 document inspections. These flexibilities are coming to an end. 

The deadline to physically inspect any identity and employment eligibility documents that were previously remotely inspected is August 30, 2023. Employers must complete all necessary physical reviews by this date to ensure compliance. Check out our blog for more information. See also our flyer with more information on how the new procedures for those with E-Verify coincide with this rule.

See the employer handbook for complete instructions on the new Form I-9. You can also get more detailed info and resources in the USCIS I-9 Central.

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