Form I-9 Compliance: Latest Reforms and the New I-9 Version

Employment eligibility verification is a crucial aspect of the hiring process for employers in the United States. To ensure that they are hiring individuals who are authorized to work in the country, employers must complete and maintain Form I-9 for each employee. In recent years, there have been significant reforms to Form I-9 and the introduction of a new version, which has left many employers seeking clarity and guidance.  

This blog aims to provide a comprehensive overview of Form I-9 compliance, the latest reforms, and the key features of the new I-9 version.  

Understanding Form I-9

Form I-9, officially known as the Employment Eligibility Verification form, is mandated by the U.S. Citizenship and Immigration Services (USCIS). It is used to verify the identity and employment authorization of individuals hired for employment in the United States. Both employers and employees play essential roles in the completion of Form I-9.  

Key Compliance Considerations

To maintain compliance with Form I-9 requirements and avoid potential penalties, employers should consider the following key factors:

Timely Completion: Form I-9 must be completed by the employee no later than their first day of work, and employers must complete their section within three business days of the employee's hire.

Document Verification: Employers should carefully examine and verify the authenticity of documents presented by employees as proof of identity and work authorization.

Reverification: If an employee's work authorization expires, employers must reverify their eligibility by completing Section 3 of Form I-9.

‍Recordkeeping: Employers must retain Form I-9 for each employee for three years after the date of hire or one year after the date of termination, whichever is later.

Compliance Audits: Regularly audit your I-9 records to identify and correct any errors or omissions promptly.

If an employer has any questions about Form I-9 compliance, they should consult with an immigration attorney. An immigration attorney can help employers understand the latest Form I-9 requirements and develop Form I-9 compliance procedures.  

What's new in the latest version of Form I-9?

The latest version of Form I-9 was published on August 1, 2023, and employers must begin using the new version of the form by November 1, 2023. The new version of Form I-9 has been revised to make it more user-friendly and easier to complete. It is also more secure, with features to help prevent fraud.

Here are some of the key changes in the new version of Form I-9:

• ‍Sections 1 and 2 have been condensed to a single-sided sheet. While the USCIS touts this simplification as a move toward a more efficient and user-friendly experience, practical experience suggests it may lead to increased confusion and errors.

• The form is now designed to be a fillable form on tablets and mobile devices. Recognizing the prevalence of mobile devices, the revised Form I-9 is designed to be fillable on tablets and mobile devices, allowing electronic completion. Nevertheless, "wet" signatures from both the employee and employer representative remain necessary unless an electronic Form I-9 system is in use to ensure compliance with electronic I-9 regulations.

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• The List of Acceptable Documents has been revised to include new acceptable receipts, in addition to physical documents. The receipts include the Receipt for a replacement of a lost, stolen, or damaged List A/ List B/ List C document, Form I-94 issued to a lawful permanent resident that contains an I-551 stamp and a photograph of the individual, and Form I-94 with “RE” notation or refugee stamp issued to a refugee. The revised Form I-9 also offers guidance and links to information on automatic extensions of employment authorization documentation.  

• ‍Preparer/Translator Certification: The Preparer/Translator Certification section has been relocated to Supplement A. Like Supplement B, there's a potential drawback: employees and employers might overlook its use since it's not part of Form I-9.  

• ‍Reverification and Rehire: Formerly known as Section 3, which covers reverification and rehiring, this section has been moved to a separate page called Supplement B. This modification facilitates accurate record-keeping when rehiring or reverification is necessary. However, it also introduces the risk of employers forgetting to use the supplement because it's not integrated into Form I-9.

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• ‍Remote Examination Checkbox: One of the most significant additions to the revised Form I-9 is a checkbox for employers enrolled in E-Verify. This checkbox allows them to confirm that they've remotely examined an employee's identity and employment authorization documents, when applicable. It signifies that employers have followed the alternative procedure approved by the Department of Homeland Security (DHS) for remote document examination. To participate in this alternative procedure, employers must meet specific requirements, including enrollment in E-Verify, examining and retaining copies of relevant documents, conducting live video verification, and creating E-Verify cases for new hires.

Summing Up

Form I-9 compliance is critical to hiring and employing workers in the United States. Employers must stay informed about the latest reforms and updates to follow the correct procedures. By understanding and implementing these changes, employers can navigate Form I-9 compliance more effectively and reduce the risk of penalties for non-compliance.

To sum up, staying up to date with Form I-9 compliance is essential for all U.S. employers to ensure a legal and compliant workforce, protect against potential fines, and uphold the principles of a lawful workforce in the United States.

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