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On August 1, 2023, the United States Citizenship and Immigration Services (USCIS) implemented significant changes to Form I-9, which all employers are required to use for verifying the identity and employment eligibility of individuals hired to work in the country.  Link: Updated Form I-9  The updated form aims to streamline the process and enhance security measures. However, the revised form also presents several challenges for employers and employees alike, leading to increased compliance concerns.  All employers must transition to using the updated form by October 31, 2023.

The Changes

A) Clarifications on acceptable documents: The revised form now offers further guidance on acceptable documents for both List A (documents establishing identity and work authorization) and Lists B and C (documents establishing identity or work authorization).

B) Additional fields: The updated form includes new fields in Section 1 for employee email addresses and phone numbers.

C) Employers enrolled in E-Verify and in good standing are able to virtually inspect and verify employment authorization documents. To use the alternative procedure, E-Verify employers are required to retain copies of all documents, conduct a live video conference with the employee, and create an E-Verify case if the employee is a new hire.  The box in Section 2 of the form that an alternative procedure was used to examine the documents must also be checked.

Compliance Challenges

A) Employee Training: Employers must ensure that human resources and hiring managers are well-trained on the changes to the I-9 form. Failure to understand and implement the new requirements may lead to errors or omissions during the verification process.

B) Employers that are not enrolled in E-Verify must conduct in-person inspections and verifications of employment authorization documents for all employees. The last extension of the policy allowing all employers to conduct virtual inspections has ended.


By navigating the revised requirements and ensuring proper procedures are followed, employers can mitigate risks and successfully comply with the new regulations.  For questions or concerns about the issue, please contact either the author of this article or your attorney at Sprouse Shrader Smith, PLLC.

Article by Iwana Rademaekers
Sprouse Shrader Smith
August 2023