Important Update: Employers Must Transition to the New Form I-9 by November 1, 2023

Posted by Catherine Chukwueke | Oct 17, 2023

Starting from November 1, 2023, employers who fail to use the 08/01/23 edition of Form I-9 may be subject to all applicable penalties under section 274A of the Immigration and Nationality Act ("INA"), 8 U.S.C. 1324a. These penalties will be enforced by U.S. Immigration and Customs Enforcement ("ICE"). After October 31, 2023, the prior version of Form I-9 will be considered obsolete and no longer valid for use.

Federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the United States must complete Form I-9,. This essential document assists employers in verifying their employees' identity and employment authorization. 

The new version of Form I-9 is now available for use. This updated edition incorporates changes to the form and its instructions. Notably, it shortens the form itself to one page and reduces the instructions to just eight pages.

Employers are required to use Form I-9 to verify the identity and employment authorization of individuals they hire for work in the United States. This applies to both citizens and noncitizens. Both employees and employers (or their authorized representatives) must complete the form.

Here are the key dates for the Form I-9

  • Employers may start using the new Form I-9 as of August 1, 2023.
  • The previous version of Form I-9, dated "10/19/2019," may still be used until October 31, 2023.
  • Beginning November 1, 2023, only the new Form I-9 dated "08/01/23" is valid.
  • There's also a revised Spanish Form I-9 dated “08/01/23” available for use in Puerto Rico.

For employers considering remote examination of employees' Form I-9 documents, this option is available provided they are enrolled in E-Verify. Detailed information on the alternative procedure can be found in the July 25, 2023 notice published in the Federal Register.

Remember, Form I-9 should not be filed with U.S. Citizenship and Immigration Services ("USCIS") or ICE. Instead, employers must:

  • Maintain a completed Form I-9 for each person on their payroll who is required to complete it.
  • Retain and store Forms I-9 for three years after the date of hire or for one year after employment is terminated, whichever is later.
  • Make their forms available for inspection upon request by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

Ensuring compliance with Form I-9 requirements is essential for all U.S. employers. Stay informed, keep your records up to date, and be prepared for the November 1, 2023 deadline to transition to the new edition of Form I-9.

If you have any questions regarding your company's policies or California employment law, contact the Law Office of Catherine Chukwueke and schedule a consultation.

Disclaimer: This article has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. 

About the Author

Catherine Chukwueke

Catherine (“Cathy”) Chukwueke is the Owner and Principal Attorney of the Law Office of Catherine Chukwueke, a law firm focusing on labor and employment matters and workplace investigations. Ms. Chukwueke is passionate about helping people who have been mistreated in the workplace.

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