J. Kent's Blog - Articles for Employers and Job Seekers

What Employers Need to Know About the New Form I-9

Posted by: Karen Booher on August 14th, 2023

On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) released the new version of Form I-9. Employers can use the previous version through October 31, 2023, but all employers must use the revised Form I-9 starting November 1, 2023. This new form is scheduled to expire on July 31, 2026.

Key New Changes to the Form I-9

Remote Verification Allowed for E-Verify Participants

Giving employers the ability to virtually inspect and verify employment authorization documents has been a long-awaited change that employers have long been asking for. On July 21, 2023, the Department of Homeland Security (DHS) announced a final rule that provides eligible employers with an optional remote employment verification procedure.

To be able to participate in the remote examination of Form I-9 documents, employers must be enrolled in E-Verify (and be in good standing) and must do all of the following:

How does this affect the upcoming deadline – August 30, 2023 – for the physical document examination requirement of documents examined virtually during the COVID-19 flexibilities timeframe?

Employers who were participating in E-Verify and created cases for employees whose documents were examined virtually due to the COVID-19 flexibilities (between March 20, 2020 and July 31, 2023) may choose to use the new alternative procedure to satisfy the physical document examination requirement by August 30, 2023. However, employers who were not enrolled in E-Verify during the COVID-19 flexibilities timeframe listed above must complete an in-person physical examination by August 30, 2023.

This article is not a comprehensive list of all changes to the Form I-9 and should not be considered legal advice.


  1. SHRM HR Daily Alert, 8/1/2023. “New Form I-9 Available Now”, by Roy Maurer, August 1, 2023.
  2. SHRM HR Daily Newsletter, 7/24/2023. “What Employers Should Know About the Updated Form I-9”, by Leah Shepherd, July 24, 2023.

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