2023 Form I-9 Updates

At A Glance

• New Form I-9 will be available August 1, 2023.
• Prior version of I-9 can be used through October 31, 2023, the new form must be used effective November 1, 2023.

Introduction

The U.S. Citizenship and Immigration Services (USCIS) has announced a new version of Form I-9 that contains numerous changes and will be released on August 1, 2023. Employers may continue to use the expired version (exp. 10/31/22) until October 31, 2023. Additionally, for employers that utilize E-Verify, they may use remote verification via video beginning August 1, 2023. See Compliance Alert: Form I-9 Alternative Examination Document Examination Rules for further information.

Changes to Form I-9

USCIS made the following updates to the Form I-9:

• Sections 1 and 2 are reduced to a single-sided sheet with fewer fields.
• Section 1 Preparer/Translator Certification is now a separate, standalone supplement (Supplement A) that employers can provide to employees when necessary.
• Section 3 Reverification and Rehire is now a separate, standalone supplement (Supplement B) that employers can print if or when rehire occurs or reverification is required.
• Removed use of “alien authorized to work” in Section 1 and replaced it with “noncitizen authorized to work” as well as clarified the difference between “noncitizen national” and “noncitizen authorized to work.”
• Ensured the form can be filled out on tablets and mobile devices.
• Removed certain features to ensure the form can be downloaded easily. This also removes the requirement to enter N/A in certain fields.
• Updated the notice at the top of the Form I-9 that explains how to avoid discrimination in the Form I-9 process.
• Updated the Lists of Acceptable Documents page to include additional accepted documentation and guidance and links related to automatic extensions of employment authorization documentation.
• Added a checkbox for eligible employers who examine employee I-9 documentation under a DHS-authorized alternative procedure rather than via physical examination.

Starting August 1, 2023, employers may download the new Form I-9 from the USCIS website and begin using the form. However, the agency will not require transition to the new form until November 1, 2023. Employers do not need to complete the new Form I-9 for current employees who already have a properly completed Form I-9 on file, unless reverification applies after October 31, 2023.

Next Steps

Once the new Form I-9 is published on the USCIS website, our product development team will review to determine work needed to integrate into the system. We will provide updates once more information is available. In the meantime, clients may continue using the prior version of the form to comply with the I-9 employment verification requirements.

Thank you for choosing Paylocity as your Payroll Tax and HCM partner. This information is provided as a courtesy, may change and is not intended as legal or tax guidance. Employers with questions or concerns outside the scope of a Payroll Service Provider are encouraged to seek the advice of a qualified CPA, Tax Attorney or Advisor.