On July 21, 2023, the United States Citizenship and Immigration Services (USCIS) announced a new version of the Form I-9 would go into effect on August 1, 2023. While previous version of the form can still be used until October 31, 2023, all employers are required to transition to the new Form I-9 by November 1, 2023.

The updated Form I-9 includes several notable changes aimed at improving its clarity and usability. Some of these changes include:

• Clearer Instructions: The instructions accompanying the Form I-9 have been revised to provide clearer guidance to employers and employees on how to complete the form accurately. The aim is to reduce confusion and errors during the verification process.

• Preparer/Translator Certification: The new form separates the Preparer/Translator Certification section into a separate supplement that should be used only when necessary. This change allows for better organization and documentation when a preparer or translator is involved in completing the form.

• Updated List of Acceptable Documents: The list of acceptable documents that employees can present to establish their identity and work authorization has been revised in the new Form I-9. These revisions ensure that the list remains up-to-date and reflects current regulations.

• Reverification and Rehire Section: Similar to the Preparer/Translator Certification, the Reverification and Rehire section has also been separated into a separate supplement to be used when necessary. This change streamlines the process of documenting reverification and rehiring scenarios.

  Employers are also obligated to perform an in-person assessment of identity and employment eligibility documents, which were previously examined remotely or virtually (as a result of the COVID-19 Pandemic). This assessment must be completed by August 30, 2023. The requirement for in-person verification applies to all employees, including those who continue to work remotely and employers who have transitioned to a fully remote business model, closing all physical locations.

  Furthermore, electronic signatures are now accepted on all versions of the I-9 forms, including those completed electronically or on paper. This change provides flexibility for employers who choose to use electronic systems for managing their I-9 forms. However, it is crucial for employers to understand that electronic signatures must meet specific requirements outlined by USCIS to be considered valid. Employers should familiarize themselves with these requirements and ensure that their electronic signature processes comply with the guidelines.

To ensure compliance with the updated I-9 forms, employers should review their current practices and make any necessary adjustments. It is essential to train HR personnel responsible for completing I-9 forms on the changes and provide them with updated instructions. Additionally, employers should conduct internal audits to identify any potential errors or inconsistencies in their existing I-9 records. By proactively addressing these issues, employers can mitigate the risk of penalties and maintain compliance with immigration and workplace authorization laws.