Beginning November 1, 2023, all U.S.-based employers must use the revised Form I-9, Employment Eligibility Verification, edition date 08/01/23, when completing the employment eligibility verification process for employees. The edition date can be found at the bottom of the page on the form and instructions.
All U.S. employers must accurately complete a Form I-9 for every individual they hire for employment in the United States, both citizen and non-citizen. Employees and employers (or authorized representatives of the employer) must complete the form.
Changes to the 08/01/23 edition of Form I-9 include streamlined formatting and the option for eligible employers to verify employment eligibility remotely. Employers enrolled in E-Verify may remotely examine employees’ identity and employment authorization documents using the Optional Alternative Procedure to Physical Document Examination outlined in the USCIS Handbook for Employers. Employers who remotely examine an employee’s documentation must indicate they did so by checking the box provided in Section 2 in the "Additional Information" field of the new Form I-9.
Effective November 1, 2023, the prior version of Form I-9 will be obsolete and no longer valid for use. Employers that fail to use the 08/01/23 edition of Form I-9 after October 31, 2023, may be subject to penalties. Employers are not required to complete a new Form I-9 for current employees who already have a properly completed Form I-9 on file.
Employers should continue to stay informed on the latest updates to Form I-9 requirements. If employers have any questions, please feel free to reach out to a member of the Hogan Lovells employment team.
Authored by Kenneth Kirschner, Zach Siegel, Muhammad Burney, and Alex Ervin.