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EMPLOYERS: Have you complied with the new I-9 requirements effective November 1, 2023, yet?

Here are the top 10 things to consider

  1. Streamlined Form: The new Form I-9 has been streamlined and shortened. Employers must start using this new form from August 1, 2023.
  2. Transition Period: The older Form I-9 (Rev. 10/21/19) could only be used through October 31, 2023. After this date, penalties apply for using the older form. You need to do the new form for ALL employees, old and new.
  3. Alternative Document Examination Procedures: The U.S. Department of Homeland Security (DHS) has issued a rule allowing alternative procedures for document examination, like remote document examination. The new form has a checkbox to indicate when an employee’s Form I-9 documentation was examined using a DHS-authorized alternative procedure.
  4. E-Verify Employers: Only E-Verify employers in good standing may continue electronic verifications after August 1, 2023, including live video interviews and retaining document copies. Rest of the employers need physical verification of the documents.
  5. Form Layout Changes: Sections 1 and 2 have been reduced to a single-sided sheet, merging multiple fields into fewer fields.
  6. Separate Supplements for Preparer/Translator and Reverification: The Section 1 Preparer/Translator Certification and Section 3 Reverification/Rehire areas are moved to separate supplements (Supplements A and B).
  7. Terminology Update: “Alien authorized to work” is replaced with “noncitizen authorized to work” in Section 1.
  8. Mobile Device Compatibility: The form is now compatible with tablets and mobile devices.
  9. Simplified Downloading and Completion: Features requiring N/A entries in certain fields have been removed for easier downloading and completion.
  10. Updated Instructions and Documents List: The form’s instructions are reduced from 15 to 8 pages, with added definitions and streamlined steps. The Lists of Acceptable Documents page is revised to include certain receipts and information on automatic extensions of employment authorization documentation​​.

The final rule regarding alternative document examination procedures, such as remote document examination from the Department of Homeland Security can be accessed here: https://public-inspection.federalregister.gov/2023-15532.pdf

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