On October 25, 2023, the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) issued a critical message to stakeholders, announcing a pivotal change in the employment eligibility verification process.
Commencing November 1, 2023, all employers are mandated to utilize the revised Form I-9, Employment Eligibility Verification, bearing the edition date 08/01/23. Notably, this updated version facilitates remote verification of employment eligibility for eligible employers. It is imperative to note that as of November 1, previous iterations of Form I-9 will no longer be acceptable, and non-compliance with the 8/01/23 edition may result in penalties.
Key Changes to Form I-9 include the reduction of Sections 1 and 2 to a single page, improved fillability on various devices, the relocation of the “Preparer and/or Translator Certification” section to a separate Supplement A, and the transformation of the “Reverification and Rehire” section into a distinct Supplement B. The “Lists of Acceptable Documents” now provide information on acceptable receipt notices and extensions of employment authorization documents (EADs). Additionally, the instructions have been streamlined from 15 to 8 pages.
A notable enhancement is the introduction of a checkbox in Section 2, allowing eligible employers to indicate the remote examination of Form I-9 documents.
Furthermore, as of July 21, 2023, employers enrolled in E-Verify can remotely inspect employees’ identity and authorization documents using the process outlined in Section 4.5 of the Handbook for Employers (M-274). Employers should check the designated box in Section 2, confirming the use of an alternative DHS-authorized procedure for document examination.
For comprehensive details, USCIS recommends visiting their I-9 Central and referring to the July 21, 2023 web alert. Additionally, free employer training on completing Form I-9 is available on USCIS’ Employment Eligibility Webinars page. To understand the penalties for Form I-9 violations, U.S. Immigration and Customs Enforcement’s Form I-9 Inspection page and Section 274A of the Immigration and Nationality Act offer valuable information.
Source: USCIS
