The U.S. Citizenship and Immigration Services (USCIS) is expected to publish a revised version of Form I-9, Employment Eligibility Verification, on August 1, 2023. Employers must begin using the new version of the Form I-9 by November 1, 2023. According to the USCIS announcement, the revised Form I-9 will:

• Reduce Sections 1 & 2 to a single-sided sheet;
• Be designed to be filled in as a form on tablets and mobile devices;
• Move the Section 1 Preparer/Translator Certification to a standalone supplement to be provided to employees when necessary;
• Move Section 3 Reverification and Rehire to a standalone supplement to be printed if necessary;
• Revise the Lists of Acceptable Documents page to include some acceptable receipts and provide guidance and links to information on automatic extensions of employment authorization documentation;
• Reduce Form instructions to 8 pages; and
• Include a checkbox allowing employers who are E-Verify participants in good standing to indicate that they remotely examined identity and employment authorization documents instead of reviewing documents in person, under a specific alternative procedure authorized by USCIS.

USCIS also noted that employer-participants in E-Verify who created an E-Verify case for an employee and performed a remote examination of that employee's Form I–9 documentation during the COVID–19 flexibilities (between March 20, 2020 and July 31, 2023) can use the new alternative procedure to satisfy the required physical examination of that employee's documents by August 30, 2023. Please see Lake Effect's prior blog on the physical examination deadline and requirements. USCIS also confirmed that employers do not need to complete the new Form I–9 for current employees who already have a properly completed Form I–9 on file unless reverification applies.

Employers can expect further guidance on the new Form I-9 and inspection procedures when the new form is released on August 1, 2023. Lake Effect HR & Law will continue to follow this issue and will provide updates as needed. If you would like assistance or guidance in complying with the Form I-9 identification or retention requirements or internal I-9 audits, please contact Lake Effect at info@le-hrlaw.com or 1-844-333-5253.

Lake Effect is here to answer all your questions about employment laws, regulations, and new agency guidelines. We continue to monitor important legal and HR developments, as well as other information that could impact the workplace. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.