New form I-9 required on November 1: Are you ready?
As of November 1, employers must use the latest version of the Form I-9 to verify that new employees are eligible to work in the United States.
Not using the correct form could bring a fine for a paperwork violation ranging from $272 to $2,701, so it’s important to make sure you’re prepared.
Check the date
The latest version of the form from the U.S. Citizenship and Immigration Services (USCIS) has an edition date of 08/01/23 printed in the lower left corner of the first page. This is the date the form was published by the USCIS.
The form also has an expiration date of 07/31/2026 printed in the upper right corner.
As of November 1, make sure this is version of the form being used by your company. The form can be downloaded from the USCIS’s I-9 website.
Update electronic systems
The new Form I-9 is a fillable form. Answers can be typed directly onto it. If you have employees fill out the form through an electronic system, make sure the system has been updated to correspond to the fields on the latest version of the form.
The form can be printed out and signed, or an electronic signature system can be used. The signature system must comply with federal regulations, however. It needs to:
- Allow individuals to acknowledge they have read the attestation,
- Attach the signature to the electronically completed Form I-9 at the time of the transaction,
- Create necessary records, and
- Include a method to acknowledge the employer attests to the required information in Section 2.
Review Section 1
As with previous versions of the form, the latest version of the Form I-9 contains sections that must be completed by the new employee and the employer.
Section 1 is completed by the employee. They enter their name, address, and date of birth. A Social Security number is needed if the employer is participating in E-Verify, but isn’t required if the employer is not participating.
An employee may enter an email address and phone number, but isn’t required to. This can be helpful if questions arise and the employee needs to be contacted, however.
The employee also checks one of the boxes indicating citizenship or immigration status, and reads the statement letting them know that there are penalties for providing false statements. The employee then signs and dates the form.
After the employee completes Section 1, it’s a best practice for the employer to carefully review it to make sure all pertinent information has been entered, an attestation box has been checked, and the form has been signed and dated.
No need for N/A
Previously N/A needed to be entered when a space did not apply. That is no longer necessary on the latest version of the form.
When a space doesn’t apply, it can be left blank.
Acceptable documents
After completing Section 1, the employee decides which documents to present to the employer to prove their identity and eligibility to work in the United States.
Page 2 of the Form I-9 includes the Lists of Acceptable Documents. An employee can either present:
- one document providing both identity and work eligibility, or
- one document proving identity and one proving work eligibility.
The form outlines a number of documents that can be presented. List A documents, such as a passport or permanent resident card, prove both identity and employment authorization. List B documents, such as a driver’s license, prove identity, while List C documents, such a Social Security card, establish employment authorization.
Some documents have expiration dates, which may be extended. The new form includes a link to the Employment Authorization Extensions page on the I-9 website.
Don’t require specific forms
As with previous versions of the Form I-9, an employer cannot require an employee to present specific forms (such as a Social Security card or driver’s license) to prove identity or work eligibility.
The employee gets to choose which documents to present from the lists of documents shown on Page 2 of the form.
Carefully complete Section 2
After the employee decides which documents to present, the employer reviews the documents and completes Section 2. The employer either enters one document or a combination of documents in the List A column, or one document each in the List B and List C column.
The date of the employee’s first day of work is also entered into Section 2, as is the name and signature of the person who reviewed the forms. The employer’s business name and address are entered as well.
An employer should review Section 2 to make sure the documents have been entered properly (one under List A, or one each under List B and C) and should also make sure all names, addresses, and dates have been filled in.
Remote review of documents for E-Verify participants
Employers who participate in E-Verify have the option of reviewing documents via a live video call, which can be convenient if an employee is working remotely. When this option is used, the employee must transmit copies of their documents to the employer. The employee then shows the actual documents to the employer during a live video call.
The employer checks a box in Section 2 of the form to indicate that the alternative procedure was used to examine the documents.
Supplements A and B
The Form I-9 also includes supplements that are used when needed:
- Supplement A is used when a preparer or translator assists the employee with completing Section 1. The employee’s name is entered at the top of the form, and the name, address, and signature, preparer or translator is entered in the appropriate boxes.
- Supplement B replaces Section 3 of the previous version of the form. It is used if an employee’s employment eligibility needs to be reverified. It can also be used if an employee is rehired within three years of the date the original Form I-9 was completed. In addition, it can be used to document an employee’s legal name change.
Key to remember: The latest version of the Form I-9 contains some significant changes from the previous version. Employers should familiarize themselves with the updates and use the new version of the form as of November 1.
