Employment Law Report

What to Know About the New Form I-9

By: Glen W. Krebs

The I-9 form is crucial for employers to verify that their employees are eligible to work in the United States. As of November 1, 2023, employers are required to use the newest version of the I-9 form, which was released on August 1, 2023. The previous version of the I-9 will no longer be accepted.  Using the previous form could lead to financial penalties and/or an audit from the Immigration and Customs Enforcement Agency.

The new I-9 form changes are meant to simplify the document. The information required on every I-9 form is now consolidated on one page. Information that is required less often, such as the Preparer/Translator Certification and the Reverification and Rehire section are now filled out as needed in supplement to the I-9.

Also important to note are the changes to the physical examination requirement. Previously employers were required to physically review the I-9. There are now alternative procedures in a pilot program allowing employers to virtually examine the form I-9. To use this remote alternative, employers must be enrolled in E-Verify to remotely examine employee’s I-9 documents via live video.

It is not necessary to re-do I-9 forms for current employees, but for all new hires, the new form must be used.  These new updates to the I-9 process will make verifying an employee’s eligibility to work simpler and more streamlined for employees and employers. If you have any questions about the new I-9 form, Wyatt, Tarrant & Combs has expert immigration and labor & employment attorneys available to help.

Glen W. Krebs
Glen Krebs is a member of the Firm’s Labor & Employment Service Team.  He concentrates his practice in international and immigration law. Read More