On August 1, 2023, the U.S. Department of Homeland Security (“DHS”) released a new version of the Form I-9. Employers must begin using this new Form I-9 by November 1, 2023. After October 31, 2023, employers who continue to use the previous version may be subject to applicable penalties under section 274A of the Immigration and Nationality Act.

The updated Form I-9 contains several changes.

1. The form is condensed to one double-sided page;
2. A checkbox has been added for the recently announced Alternative Procedure;
3. The preparer/translator paragraph has been moved to a supplement page (Supplement A);
4. Reverification of employment eligibility has been moved to a supplement page (Supplement B);
5. New hires and employers are no longer required to write “N/A” for inapplicable fields; and
6. Several grammatical and quality-of-life revisions.

The updated Form I-9 and instructions may be found on the U.S. Citizenship and Immigration Services website. 

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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.