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Updated USCIS I-9 Form: What’s different and how to stay compliant

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By Sophie Benjamin

Starting November 1st, employers in the United States will need to use the latest version of the USCIS I-9 form for all employees. We explain what's different about the updated form and how transition to the new version to stay compliant.

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As of November 1, 2023, the only version of the form that will be accepted by the USCIS is the one dated 08/01/2023 and valid through July 31, 2026. Anvil has updated its I-9 template to help you transition to the new compliant version. In this blog post, we'll look at what's different about the new version, what you need to stay compliant with USCIS requirements, and how your organization can transition from the old version to the new version.

What is different about the newest I-9 Form?

In August of 2023, the United States Citizenship and Immigration Services (USCIS) released an updated version of the I-9 form. This new version has been modified to reflect changes in immigration policy, making it easier for employers to follow federal requirements. The most significant changes are outlined below.

Changes to form structure

  • One of the main differences is that Sections 1 and 2 have been reduced to a single-sided sheet. This simplifies the process for employers as they no longer need to keep two separate sheets containing employee information. As before, the employee section (Section 1) must be completed no later than the first day of employment while the employer section (Section 2) must be completed within 3 business days of the employee’s start date.
  • The Section 1 Preparer/Translator Certification area has also been moved to a standalone supplement (Supplement A). Employers can provide this supplement when necessary, reducing paperwork and streamlining the verification process.
  • Similarly, Section 3, Reverification and Rehire, has moved to its own standalone page (Supplement B).
    • Non-citizen employees may be reauthorized to work in the US without having to complete an entirely new I9 before their prior authorization or their authorization documents expire with a review and reverification of the documents.
    • Employees who are rehired before the expiration of their original I-9 (3 years from hire date) may be documented with Supplement B rather than complete a new I-9.

Changes to acceptable supporting  documents

Certain documents that show both identity and employment authorization are sufficient for satisfying the form requirements without additional documentation. If one of these documents is not available, employees must show two types of documents: one for identification and one for employment authorization.

The Lists of Acceptable Documents page now includes some acceptable receipts. These receipts generally provide a record that an employee had an acceptable document but it is temporarily missing and is in the process of being replaced. Other receipts are related to refugees or employees from countries in turmoil where securing citizenship documentation may be a particular challenge. Receipts are generally valid for 90 days from the date of hire.

Temporary changes to extensions

The new I-9 allows employers to request automatic extensions of employment authorization up to 540 days (an increase from the standard 180 days). This extension is calculated from the expiration date of the authorization or the EAD (Employment Authorization Document). A calculator is provided here.

Changes to document verification procedures

Finally, employers who meet certain qualifications to examine Form I-9 documentation remotely under DHS-authorized alternative procedures rather than via physical examination. There is now a checkbox indicating an employee’s documents have been reviewed remotely on the form itself. Employers wishing to use this option should:

  • Register or be registered to participate in E-Verify.
  • Complete the E-Verify tutorial.
  • Decide if they would like to offer the alternative procedures to remote employees only or in-person and hybrid employees, as well. Note that for in-person and hybrid employees, employers may only offer one method of verification (physical or remote) per site.
  • Note that E-Verify requires an SSN, a photo on all identity documents, and may not be used to reverify expired employment authorization.

How can your organization transition from the old version to the new version?

Beginning November 1, 2023, employers must migrate to the latest version of the I-9 form. Those who continue to use the old version or fail to complete I-9s for a period of time may face penalties and other consequences from USCIS for noncompliance.

You can transition from the old version of the I-9 to the new version with relative ease. Anvil has updated its Form Library to include the latest version of the USCIS I-9 as Workflow template that is ready to be copied into any Anvil account.

If you need an online, compliant way of 1) requesting employee or employer data and documents, 2) populating the I-9 form with it, and 3) requesting e-signatures, you can use an Anvil Workflow! Get started by copying our I-9 Workflow template into your Anvil account and customize as you like. If you have questions about pre-filling with your own data or creating an entire onboarding packet, just reach out to support@useanvil.com.

For Enterprise plan customers, Anvil also provides employers with the capability to complete and sign different sections of the I-9 at different times.

Incremental signing for the I-9 Workflow

If you are interested in learning more, talk to sales.