New Do: USCIS Issues New Form I-9s

By Sarah Ferguson

U.S. Citizenship and Immigration Services (USCIS) announced that commencing Aug. 1, 2023, a new, streamlined Form I-9 will be available for employers. Employers will be required to transition to the new form no later Oct. 31, 2023, or?face penalties?for improperly maintaining Form I-9s.

According to the USCIS: “The newly updated Form I-9 contains myriad revisions to the form and its instructions to streamline these materials and reduce employer and employee burden associated with the form.”

Specifically, the agency has made the following changes to the form:

• Shorter Sections:?Reduced Sections 1 and 2 to a single-sided sheet.
• Standalone Certification?(Supplement A): Moved the Section 1 Preparer/Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary for separate completion by the employee.
• Reverification/Rehire?(Supplement B): Moved the Section 3 Reverification and Rehire area to a separate, standalone supplement that employers can print if or when rehire occurs or reverification is required. Employers may attach additional supplement sheets as necessary.
• Revised Terminology:?Removed use of “alien authorized to work” in Section 1 and replaced it with “noncitizen authorized to work” as well as clarified the difference between “noncitizen national” and “noncitizen authorized to work.”
• Mobile accessibility:?Ensured the form can be filled out on tablets and mobile devices. Removed certain features to ensure the form can be downloaded easily.
• Anti-Discrimination Instructions:?Updated the notice at the top of the Form I-9 that explains how to avoid discrimination in the Form I-9 process.

Alternative procedure checkbox:?Added instructions for use of the new checkbox for employers who choose to examine Form I-9 documentation under an alternative procedure.