Required New I-9 Form

“I’ve heard a new I-9 form is available. Do I need everyone to complete it?”

Your HR Survival Tip

The USCIS Form I-9 is used to confirm each worker is able to legally work in the U.S. You may obtain a copy online from USCIS. The form includes the effective date of 08/01/23 in the lower left corner and the expiration date of 7/31/2026 in the upper right corner.

The new form has been changed and simplified. The basic form is just one page, with additional pages for the list of acceptable documents, translator certification, and rehire/re-verification. There is also a new instruction manual you should take the time to read.

Here are a few tips to help you:

• The new form is used only for new employees hired or rehired after 8/1/2023. Do NOT have current employees complete the new form… employees must always use the form that was current on their date of hire.
• You must provide both the form and instructions to the new employee, either in print or electronically.
• You cannot suggest or recommend which forms of identification the employee presents as proof. You can only show them the page that lists the acceptable documents and remind them they either need one from List A -or- one from both Lists B and C.
• The employee must present to you their unexpired documentation within 3 business days of starting work for pay. If they don’t or can’t present you with ALL the documents needed to complete the form by that time, the employee must stop working until they can provide you with the correct documentation.
• You must review the employee’s documentation in their presence. You may keep copies of the documentation but it’s not necessary or required unless you participate in E-Verify.
• Regardless of how the form is filled out (handwritten or on a computer), you must print a hard copy to sign and date.

This is a form that’s been required for many years and will continue to be updated periodically. If you’ve never read the instructions, we recommend you do so. It’s easy to get lax but the penalties for dates that are later than they should be, skipping a space that should have an entry, or just bad information can be severe. This is just one more reason it’s important to have your hiring process and timing in place to avoid issues.