Starting Nov. 1, 2023, all employers must use the revised Form I-9, Employment Eligibility Verification, with the edition date 08/01/23, when completing the employment eligibility verification process.
The Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete a Form I-9 for every individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.
This updated Form I-9 reflects the option for eligible employers to verify employment eligibility remotely. As McGuireWoods previously reported, since July 21, 2023, employers enrolled in E-Verify are allowed to remotely examine employees’ identity and employment authorization documents using the Optional Alternative Procedure to Physical Document Examination outlined in the Handbook for Employers.
The 08/01/23 edition of the Form I-9 is currently available, and starting Nov. 1, all previous versions of the form may no longer be used for new hires. Employers that fail to use the 08/01/23 edition of the Form I-9 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 stay informed on the latest updates to Form I-9 requirements. For assistance navigating these matters, please contact the authors or other members of the McGuireWoods labor and employment or immigration teams.