How USCIS Revised I-9 Form Impacts Your Business

The I-9 form is a document that is used to identify the employment authorization and identity of individuals who are hired for employment in the United States. Every U.S. business employer is required by federal law to have each person that they hire on their team properly fill out the form, including citizens and noncitizens. The form provides pertinent information that verifies that a person is legally able to work.  

On August 1st, 2023, the government rolled out an updated version of the I-9 form. In this blog, we will explain all the changes made, how the new form impacts your small business, and how you can fill out the form. It is important that compliance with the new I-9 form takes place since penalties will be given to employers who use the outdated form.  

The Key Differences in the New Revised Form I-9 

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There are several new I-9 requirements that are essential to know and comply with. To help you understand the revised I-9 form, we read the document and compiled a list of the most pertinent pieces of information in the new form. There are several I-9 requirements for small businesses to be aware of to avoid penalties.  

The list of changes is outlined below:  

• Sections 1 and 2 are combined into one page.
  
  
• The form is designed to be fillable on tablets and mobile devices.
  
  
• The Section 1 Preparer/Translator Certification area can be provided to employees as a separate supplement by employers when necessary.
  
  
• The third section, Reverification, and Rehire can be printed as a separate supplement for employers when rehire occurs or re-verification is necessary.
  
  
• The Lists of Acceptable Documents page has been revised to include acceptable receipts and provide guidance and links to information on automatic extensions of employment authorization documentation.
  
  
• The instructions for completing the form have been condensed from 15 pages to 8 pages.
  
  
• The form includes a checkbox for employers to indicate if they examined Form I-9 documentation remotely using a DHS-authorized alternative procedure rather than physically examining the documents. 
  
  

In reference to the bold text above, in the revised I-9, employees enrolled in an alternative Form I-9 must be enrolled with E-Verify and be in good standing to use the alternative method.  The E-Verify system is the online verification system used to perform this process. It is operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration.

E-Verify allows the review of an employee's Form I-9 documents remotely through a live video conference.  This new alternative offers employers increased flexibility to accommodate the rise in remote workers. 

The employer must ensure that E-Verify is completed in a timely and accurate manner for all new hires after enrolling in the E-Verify Memorandum of Understanding. If this is completed in a timely and accurate manner and an employee is enrolled, then they can participate in the DHS procedure.  

To effectively comply with the new revised I-9 alternative remote option, employees must follow the steps explained below.   

1. First, the employee must provide a copy of their I-9 document(s) for identity and work authorization, including both sides if applicable.
   
   
2. The employer then must review copies of Form I-9 documents to verify the authenticity of the presented documentation.
   
   
3. The employer will then verify the authenticity and relevance of the employee's documents through a live video interaction to ensure that they correspond to the ones previously submitted.
   
   
4. After verification, the employer will mark the box on Form I-9 designated for indicating the use of an alternative procedure authorized by DHS to examine documents.
   
   
5. Finally, the employer must keep a clear and readable copy of the documentation, including both sides if it is double-sided, for the duration of the employee's employment with the business.  

How to Complete the Revised I-9 Form  

Here are step-by-step instructions to fill out the new I-9 Form:  

1. Section 1 of the new I-9 form should be completed during the hiring process and includes collecting identifying information about the employee and their work authorization status.
   
   
2. Section 2 of the new form collects information about the employee's identity and employment authorization. The employee is required to present original documentation proving their identity and employment authorization, which the employer must review. This section of the form must be completed within three days of the employee's hire.
   
   
3. When new hires receive assistance from preparers and/or translators to complete Section 1, they are required to complete Supplement A.
   
   
4. Employers then need to fill out Supplement B in cases of rehiring or re-verification. It is important to complete this before the worker's employment authorization expires. Additionally, Supplement B can be used to document a name change.
   
   
5. Finally, employers are required to keep a person's Form I-9 for the duration of their employment and for the necessary retention period following termination (either three years from the date of hire or one year from the end of employment, whichever is later).  
   
   

Additionally, employers must have I-9 forms available for inspection upon request of the DHS, the U.S. Department of Justice, or the U.S. Department of Labor. Failure to properly complete and retain I-9 forms may result in civil penalties and, in some cases, criminal penalties, as stated by the DHS. 

How The Human Resource USA Can Assist You 

The new regulations required in the 2023 I-9 form can be overlooked easily.  This is an issue because there are several important pieces of information that require compliance, or your small business will face penalties. We do not want your business to face any kind of consequence due to a small oversight.  

Human Resource USA can help you reduce company liabilities and meet all your HR goals by crafting custom solutions for your specific needs. We realize that your greatest resource is your people, and we work to make sure that our human resource solutions work for your business and employees.  

If you are interested in everything Human Resource USA can do for you, click here!