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August 25, 2023

Legal News

August 25, 2023

What Employers Should Know about the Updated Form I-9

The U.S. Citizenship and Immigration Services (“USCIS”) recently announced significant changes to the Employment Eligibility Verification process through an updated Form I-9, which came into effect on August 1st, 2023. It is critical that employers understand these modifications and how they might affect their recruitment procedures.

The updated Form I-9, shortened and streamlined for ease of use, will replace the older Form I-9 (Rev. 10/21/19). While employers may continue to use the older form until October 31st, 2023, beyond this date they will face penalties for its usage. This move is aimed at ensuring all employers comply with the new changes as soon as possible.

The revised Form I-9 includes several significant changes aimed at streamlining the process and updating language for inclusivity, including:

  • Reducing Sections 1 and 2 to a single-sided sheet by merging multiple fields where possible;
  • Shifting the Section 1 Preparer/Translator Certification area and Section 3 Reverification and Rehire area to separate standalone supplements;
  • Removing the use of "alien authorized to work" and replacing it with "noncitizen authorized to work;"
  • Allowing the form to be filled out on tablets and mobile devices;
  • Removing the requirement to enter N/A in certain fields; and
  • Updating the Lists of Acceptable Documents page to include some acceptable receipts and links to information on automatic extensions of employment authorization documentation.

The new Form I-9 presents a significant shift in the U.S.' employment eligibility verification process, reflecting the digitalization trend and a drive for inclusivity. Employers must swiftly adapt to these changes to ensure compliance, avoid penalties, and accommodate the evolving needs of their employees, particularly those from immigrant communities.

The attorneys at Outside Legal Counsel LLP can help ensure that all employment-related decisions are made with an eye towards avoiding liability. Please reach out to us for more information about our services and how we can help you navigate the recent changes to the Form I-9.

This is not legal advice and is attorney advertising.

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