New Form I-9

An overview of what you need to know and have prepared for the new updates as of August 2023

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August 2023 Form I-9

Get the new Form-9 Employment Eligibility Verification from the U.S. Citizenship and Immigration Services.

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New Form Instructions

General instructions for employers and employees on the new requirements.

DHS Employer Handbook

It is advisable for employers to periodically review this online handbook for any updates.

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Get the 2023 Form I-9 Toolkit

Helpful resources such as an I-9 Audit Guide, Log Template, Authorized Representative Letter, Correction Memo, and more.

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10 Common Mistakes with Form I-9 and How to Avoid Them

Form I-9 verification The process of completing Form I-9—which confirms an employee’s eligibility to legally work in the United States—has gone through major changes in recent years. Many of these changes were driven by the pandemic, which made it difficult for employers to perform in-person document checks. Pandemic-era regulation is now winding down, and the Department of Homeland Security is taking this opportunity to permanently change the I-9 verification process. These changes will (hopefully!) make things easier in the long run, but compliance changes can always create confusion. Here are some of the most common mistakes we see with I-9s and tips on how to avoid them.

HR Tips on the Update Form I-9

We are new to E-Verify. Do we submit all our current staff through the website?

No. Only submit your new hires whose first day occurs after you’ve registered with E-Verify.

What if we only did physical verifications and never any virtual?

In this case, no action is needed for prior hires as there are no forms to reverify. We do still recommend conducting an audit.

During an audit, I discovered an error on a previous form. What do I do?

Minor errors can be corrected with a simple strike-through, correction, date, and initial by the appropriate party. Substantive errors cannot be resolved, like failure to complete Section 2 in the first 3 days. Note these in the audit log and/or attach a memo to the original I-9, but no full resolution will be available.

My HRIS or I-9 Vendor is automatically taking care of this, right?

That is not necessarily the case. We recommend checking with your vendor to ensure compliance with both the new verification methods and the implementation of the new form.

What do I do if the employee refuses to participate in re-verification?

This is not an option. Employees who do not participate in the re-verification process must be terminated as mandated by ICE.

What if we virtually verified an employee who is no longer with the organization? Do I need to chase them down to reverify?

Terminated employees do not need to be reverified. However, their separation should be noted in the ‘Additional Information’ field and should include the termination date.

Our company already virtually verifies and is in good standing with E-Verify. Do I need to do anything?

You won’t need to complete the physical or in-person inspection, but you will still need to virtually meet with anyone who was virtually verified to view their documentation and either annotate the existing I-9 or complete the new version of the Form I-9. Do not start a new case in E-Verify.

I want to sign up for E-Verify now to use the virtual verification flexibility. Where do I start?

To get started, you can visit e-verify.gov and click ‘enroll’ in the top right corner. To enroll in E-Verify, you will need to provide information about your company, review and sign the Memorandum of Understanding (MOU) and enroll any users. New users will be required to take E-Verify training. Important Note: When you sign up, you must be ready to implement the new process. Going forward, all new hires after that registration date will need to be processed through E-Verify within 3 business days.

What if the employee is not comfortable verifying virtually?

Employees must still be allowed to complete Form I-9 and verify physically if requested. The case must be run through the site if the employer is in good standing with E-Verify. (It does not exempt their information from being submitted to the government.)

What if we don’t currently keep copies of documentation? Can we still participate in E-Verify?

Absolutely! Once your virtual verification procedure is enacted, you will need to retain all documentation moving forward. Ensure items are kept securely but can easily be produced if required by an ICE audit.

Have any of the regulatory timeframes changed?

No. Employees can be sent Section 1 to complete after they’ve signed an offer and must complete their portion by the end of day 1. Employers must complete Section 2 AND submit the case through E-Verify (if participating) by the end of day 3.

So, we won’t need Authorized Representatives anymore?

This is correct for employers who chose to enact the new virtual verification method, authorized representatives will no longer be needed. Employers who continue with physical examination may still opt to use authorized representatives.

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