October 8th, 2023
On August 1, 2023, the U.S. Citizenship and Immigration Services released the newest version of the Form I-9 for employers to use. Employers may use the now former version of the form I-9 through October 31, 2023. However, after October 31, 2023, employers must use the newest version of the Form I-9. The newest version of the Form I-9 expires on July 31, 2026.
The new Form I-9 has several changes from its previous version. These changes include:
- Condensing Sections 1 and 2 to one page.
- Changing the “Form I-9 Supplement, Section 1 Preparer and/or Translator Certification” to “Supplement A, Preparer and/or Translator Certification for Section 1.”
- Changing “Section 3. Reverification and Rehires” to “Supplement B, Reverification and Rehire (formerly Section 3).”
All employers must complete a Form I-9 on every employee hired after November 6, 1986. Employers must complete Supplement B, Reverification and Rehire for those employees who are either rehired or must be re-verified to confirm that they are lawfully allowed to work in the U.S. Employers may be penalized not only for failing to complete an I-9 but also for using an expired version of the Form I-9. Penalties range from $275.00 to $2,200.00 per unauthorized worker for the first offense, from $2,200.00 to $5,500.00 per unauthorized worker for the second offense, and $3,300.00 to $11,000.00 per unauthorized worker for more than two offenses. See 8 CFR § 274a.10.
In addition to the new Form I-9, the Covid-19 pandemic flexibilities are now over. Employers who remotely examined their new hires’ documents when completing Sections 2 and/or 3 of the Form I-9 because of Covid-19, have until August 30, 2023, to examine those same physical documents in person unless they were using E-Verify and created an E-Verify case at the time of the remote review. Those employers may again review the documents remotely prior to August 30, 2023 and would check the box under Section 2 that says “[c]heck here if you used an alternative procedure authorized by DHS to examine documents.” If an employee wishes to present his or her documents in person, the employer must comply regardless of whether it is enrolled in E-Verify and in good standing. However, for employers who either are not enrolled in E-Verify or are enrolled but are in bad standing, those employers must review the physical documents in person.
Also, for new hires August 1, 2023, forward, employers who are enrolled in E-Verify may remotely examine documents for remote employees and hybrid workers. An E-Verify employer is not required to use remote verification. However, if it does, it must consistently be offered to all remote employees at a hiring site. Even if an employer offers remote verification to remote employees at a hiring site, the employer can still choose whether to offer remote verification to hybrid employees at a hiring site, so long as all hybrid employees at that site are treated the same with regard to the alternative verification procedure. And any remote or hybrid employee may still insist that their documents be examined in person.
Rainey, Kizer, Reviere & Bell will continue to send updates as they become available. Should you have questions or concerns regarding properly completing a Form I-9 or immigration compliance with employment laws, please contact our office and connect with us on LinkedIn.
MEREDITH J. MARONEY
ATTORNEY AT LAW