United States: Reminder – Starting November 1, New Edition of Form I-9 Becomes Mandatory
October 30, 2023
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At a glance
- The new edition of Form I-9, dated August 1, 2023, will become mandatory for all employers on November 1, 2023.
- Through October 31, 2023, employers may continue to use the previous edition, dated October 21, 2019.
- The new form does not contain any substantive changes from the October 21, 2019 version. However, there are changes to how the form is organized, and the new form recognizes the recent DHS rule that authorizes certain E-Verify employers to use an alternative process to review Form I-9 documents remotely in some circumstances.
The issue
The new edition of Department of Homeland Security (DHS) Form I-9, dated August 1, 2023, becomes mandatory on November 1, 2023. The new form has been available for use since August, but does not become mandatory for employers until November 1. Employers had the option to continue to use the previous edition of the form, dated October 21, 2019, through October 31, 2023.
The new form does not change any employer or employee obligations involved in the verification or reverification of work authorization. However, the new form is organized differently. In addition, the revised form adds a new box that allows employers to indicate whether they used the new alternative remote document inspection process that has been authorized in certain circumstances for qualifying E-Verify employers performing I-9 document review of employees hired on or after August 1, 2023.
If you have any questions about the Form I-9 process or E-Verify, please contact your designated Fragomen representative or the firm’s Government Strategies and Compliance Group. This alert is for informational purposes only.
