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Form I-9 News: Effective Aug. 1, 2023

July 24, 2023 (2 min read)

Introduction of a New Version of Employment Eligibility Verification Form - "U.S. Citizenship and Immigration Services (USCIS) is announcing a new version of Form I-9, Employment Eligibility Verification. Employers must use Form I-9 to verify the identity and employment authorization of their employees. USCIS made significant changes to the form and its instructions, including a checkbox to indicate that an employee’s Form I-9 documentation was examined using a DHS-authorized alternative procedure. This Notice contains the dates of both the prior version and the new version of Form I-9 that employers may use, as well as the date when the prior version will become obsolete. DATES: Form I-9, Employment Eligibility Verification, with a version date of “(Rev. 08/01/23)” is available for use beginning August 1, 2023. The prior version of Form I-9 (Rev. 10/21/19) continues to be effective through October 31, 2023."

Optional Alternatives to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9) - "ACTION: Final rule. SUMMARY: The Department of Homeland Security (DHS) is amending its regulations to create a framework under which the Secretary of Homeland Security (the Secretary) may, as an optional alternative to the in-person physical document examination method that employers have followed as part of the Form I-9 process set forth in current regulations, authorize alternative document examination procedures. The Secretary may authorize such alternative procedures with respect to some or all employers as part of a pilot program, upon the Secretary's determination that such procedures offer an equivalent level of security, or as a temporary measure to address a public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act, or a national emergency declared by the President pursuant to sections 201 and 301 of the National Emergencies Act. In addition, in a separate document published in this edition of the Federal Register, DHS is announcing the Secretary’s authorization of an alternative document examination procedure and the conditions for participation. DATES: The effective date of this final rule is August 1, 2023."

Optional Alternative 1 to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9) - "U.S. Immigration and Customs Enforcement is announcing the authorization of an optional alternative procedure to the in-person physical examination of the documentation presented by individuals seeking to establish identity and employment authorization for the purpose of completing the Form I-9, Employment Eligibility Verification (Form I-9). DATES: The alternative procedure is available beginning on August 1, 2023."