You may recall our previous communication regarding the reinstatement of in-person inspections for I-9 documents, as detailed in our blog post here. The new requirement will be taking effect soon, and we want to ensure you are prepared for additional modifications to the I-9 Form itself.
New I-9 Form Requirement Effective November 1, 2023
Commencing November 1, 2023, all employers are mandated to use the updated I-9 Form, officially released in August 2023. For those enrolled in E-Verify, there is an added option to utilize an alternative procedure to indicate remote examination of identity and employment authorization documents.
Key Changes in the Revised I-9 Form
- Consolidation of Sections 1 and 2: The revised I-9 Form condenses Sections 1 and 2 into a single sheet, simplifying the document completion process.
- Fillable Form for Mobile Devices: Embracing technological advancements, the new I-9 Form is now fillable, allowing employers to complete it seamlessly on tablets and mobile devices.
- Stand-alone Supplements for Section 1 Preparer/Translator Certification and Section 3 Reverification and Rehire: To enhance clarity and ease of use, Section 1 Preparer/Translator Certification and Section 3 Reverification and Rehire are presented as separate stand-alone supplements, facilitating transmission and printing.
- Revised List of Acceptable Documents: The updated form includes a revised list of “Acceptable Documents”, incorporating some acceptable receipts. Additionally, it provides guidance and links to information regarding automatic extensions of employment authorization documentation.
- Checkbox for Remote Verification: For eligible employers, there is now a designated checkbox to indicate that the employee’s Form I-9 documentation was examined under a DHS-authorized alternative procedure rather than through physical examination.
Streamlining the Process
Beyond these notable changes, the revised I-9 Form introduces several other minor adjustments that streamline the overall process. Importantly, the total page count has been reduced from 15 pages to 8 pages, ensuring a more efficient and concise documentation process for employers.
As your legal partners, we understand the importance of compliance, and we are here to support you through these changes. Our Labor & Employment team is available to provide guidance, answer any questions you may have and assist with the implementation of these new requirements.
We recommend reviewing our previous blog post in conjunction with this update for a comprehensive understanding of the changes affecting in-person inspections.
If you have any questions regarding this information, please contact us at (216) 573-6000.
Zena Elliottis a Senior Attorney at Gertsburg Licata, brings a wealth of legal expertise to her role, having served as a Senior Assistant Attorney General for the State of Ohio and amassed over 25 years of private practice experience. Specializing in litigation, employment and worker’s compensation, as well as estate planning and probate, Zena has represented a diverse clientele, including individuals, entities, and public employers. Formerly a Senior Assistant Attorney General for the State of Ohio, where she represented the Bureau of Workers’ Compensation and the Industrial Commission of Ohio. Her extensive background includes jury trials involving workers’ compensation appeals. Beyond her legal career, Zena served a 4-year term on the Board of Education for the Aurora City School District and holds a minor and long-term sub-teaching license in Spanish. She enjoys tennis, skiing, and kayaking outside of the office. For legal matters, Zena can be contacted at [email protected] or 216-573-6000 x7010.
This article is for informational purposes only. It is merely intended to provide a very general overview of a certain area of the law. Nothing in this article is intended to create an attorney-client relationship or provide legal advice. You should not rely on anything in this article without first consulting with an attorney licensed to practice in your jurisdiction. If you have specific questions about your matter, please contact an attorney licensed to practice in your jurisdiction.
