The United States Department of Homeland Security (DHS) recently announced two significant changes regarding Form I-9, Employment Eligibility Verification. First, DHS is issuing a new version of Form I-9. Second, as of August 1, 2023, DHS will allow qualified E-Verify employers to use an alternative document inspection procedure when completing § 2 or § 3 of Form I-9. Under this alternative procedure, E-Verify employers may complete document verification remotely instead of physically examining the original document(s) during an in-person meeting with the new hire (or existing employee during reverification).

New Version of Form I-9

Over more than three decades, employers have grappled with fourteen different versions of Form I-9. In our October 2022 post, we explained that DHS was preparing yet another version of this complicated government form. DHS now is ready to publish the new Form I-9 and will do so on August 1, 2023.

The new Form I-9 contains several major changes:

• ·§ 1 and § 2 are on the same page with more narrow fields in which to write answers to the government’s questions when using the paper version of Form I-9.
• The Preparer/Translator paragraph is no longer part of § 1, but instead is a separate supplement (Supplement A). Employers must provide Supplement A when the new hire requires assistance to complete § 1.
• New hires and employers are no longer required to enter “N/A” in fields that do not apply. Employers were previously subject to fines for failing...

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