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Revised I-9 Form Available Today (Required Use Starting Nov. 1, 2023)

On Aug. 1, 2023, U.S. Citizenship and Immigration Services published a revised version of Form I-9, Employment Eligibility Verification.

  • Through Oct. 31, 2023, employers may continue using the prior edition of Form I-9 (ver. 10/21/19)

  • Starting Nov. 1, 2023, all employers must use the new Form I-9

  • Starting August 1, 2023, employers enrolled in E-Verify will be allowed to remotely verify I-9 employment authorization documents on a permanent basis

Historically, employers, or their “authorized representatives,” were required to review I-9 authorization documents in-person with the employee physically present. However, during the COVID-19 pandemic, DHS temporarily permitted employers operating remotely to engage in remote examination of documents, which flexibility ended on July 31, 2023.


The new I-9 provides an alternative for certain employers to remotely examine Form I-9 documents, instead of the current requirement to examine documents in-person. To participate in the remote examination of Form I-9 documents under the DHS-authorized alternative procedure, employers must be enrolled in E-Verify, examine and retain copies of all documents, conduct a live video interaction with the employee, and create an E-Verify case if the employee is a new hire.

  • Step 1: Applicant (post-offer) or Employee copies or photographs their I-9 supporting documents (front and back) and e-mails them to the employer (or via another form of transmission).

  • Step 2: Employer examines the documents to ensure the documents reasonably appear to be genuine.

  • Step 3: Employer conducts a live video interaction (i.e., Zoom, Teams, Google Meet, FaceTime, etc.) with the applicant or employee to ensure that the documentation reasonably relates to them. Applicant or employee must present the same documents already transmitted to the employer a second time during the live interaction.

  • Step 4: Employer marks the alternative procedure box of Supplement B of the new I-9 form for new employees hired on or after August 1, 2023. Or if the employee was hired during the pandemic, then the employer notates “Alternative Procedure” in the Additional Information Box of the prior I-9 form and completes this task by August 30, 2023.

  • Step 5: Employer retains the supporting documents (paper or digital) and attaches them to the I-9. (In the past, only List A documents were copied. With the new remote flexibility, the E-Verify employer must now copy and retain all List A, or List B and C documents.)

E-Verify Employers During COVID-19 Pandemic

Employers who were participating in E-Verify and created an E-Verify case for employees whose documents were remotely examined during the COVID pandemic (March 20, 2020 to July 31, 2023), may now choose to use the new alternative live video procedure starting on August 1, 2023 to satisfy the physical document examination requirement by August 30, 2023.


Non E-Verify Employers During COVID-19 Pandemic

Employers who were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person physical examination by Aug. 30, 2023 for any employees hired during the pandemic.


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About the author: Ryan E. Snow, JD/MBA, is a licensed attorney and experienced entrepreneur specializing in legal services and business consulting for small to mid-sized businesses in all industries and at all stages of growth and development. He can be contacted via email at Ryan@RyanSnow.com or at his website www.ModernUtahLaw.com.

Copyright 2023 by Venture Counsel LC, all rights reserved.


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