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Check These NEW I-9 Form Changes Before the Nov. 1 Deadline

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Check These NEW I-9 Form Changes Before the Nov. 1 Deadline

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I-9 form

The updated I-9 form is already out, but many practices aren’t using it yet. The catch? You must start using this form effective Nov. 1, 2023, since the previous version expires on Oct. 31.

To prepare for the switchover and ensure you’re ready to begin using the new I-9 form, take a look at these tips.

Check the Date of Your I-9 form

Many practices are still using the I-9 form that’s set to expire on October 31st, and should start using the new one as soon as possible to get accustomed to it before November. Here’s how to tell which you’re using:

  • Check the version date in the lower left-hand corner of your I-9 form. If it says “10/19/2019,” the form will expire on Oct. 31, 2023.
  • If the date in the lower left hand corner of the form says “08/01/23,” you’re using the current form, which is the only one that will be accepted after Nov. 1.

Caveat: There is one other form, which is a revised Spanish-language I-9 dated 08/01/23, which may be used in Puerto Rico only.

Remote Examinations for E-Verify Participants

During the COVID-19 pandemic, many practices were confused about how to remotely review employee documents for verifying the I-9, but the government has made this issue very clear when it comes to those using the new form.

Effective August 1, 2023, employers may remotely examine employees’ I-9 form documents as long as they’re enrolled in E-Verify.

Several Sections Are Consolidated

Although some of the changes are significant in terms of how the I-9 form looks, they aren’t likely to alter how you complete the form as an employer. In essence, many of the changes were made for efficiency’s sake:

  • Sections one and two have been reduced so they fit onto a single sheet. This was accomplished by merging certain verbiage into fewer fields.
  • The Section one “Preparer/Translator Certification” area has been moved to a separate Supplement A, which employers can use when needed. The supplement has three areas for current and future preparers and translators to complete as needed.
  • Section three’s “Reverification and Rehire” portion has been moved to a standalone Supplement B that employers can use as needed for rehire or reverification.
  • The “Alien authorized to work” area from Section one has been removed and replaced with “noncitizen authorized to work,” with clarifications of the difference between “noncitizen national” and “noncitizen authorized to work.”

If you have a training manual for the staffers who complete I-9 forms at your office, make sure you update it to include these changes — particularly the part about Supplement B, since it’s used quite often at most practices.

Mobile Capabilities, Guidance on Acceptable Documents

The new I-9 form can be filled out on tablets and mobile devices by downloading the form onto the device and then opening it in a free Adobe Acrobat Reader app. This better accommodates practices that hand new employees a tablet for completing these forms.

You’ll also find improved guidance regarding the Lists of Acceptable Documents, which now includes potential receipts and links to information on automatic extensions of employment authorization documentation.

No matter how often your practice asks employees to complete I-9 forms, now is the time to get everyone on the same page, since the deadline is quickly approaching. Update your forms, your processes and training manuals as soon as you can to stay compliant.

Seeking more clarity about the new I-9 form that takes effect on Oct. 31, 2023? Let attorney Ariel Fenster, Esq., walk you through the changes during her online training event, New I-9 Form: Comply With Huge Government Changes. Register today!


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