The New I-9: Compliance With U.S. Work Authorization In The Post-COVID World

In August 2023, U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9. Employers should start implementing this new Form I-9 now. Starting November 1, 2023, employers must use the new Form I-9, accessible here, to verify the U.S. employment authorization of new employees.

Key items to note:

• The temporary flexibility to remotely examine employees' authorization documents (i.e. their U.S. passports or U.S. Permanent Resident Cards or U.S. Driver's Licenses and Social Security Cards without a DHS notation, or other acceptable documents) is OVER.
• Authorization documents must once again be examined in-person within three business days after the first day of employment (i.e. the first day of work in exchange for wages or other remuneration) with a major exception for employers enrolled and in good standing with E-Verify.