Form I-9 Updates: What Employers Need to Know
In August 2023, the U.S. Citizenship and Immigration Services (USCIS) released a
revised version of Form I-9, the mandatory document used to verify the identity and employment eligibility of all new hires. Employers must now use this updated form to stay compliant with federal hiring regulations.
What's New?
- Shorter Format: The form has been condensed to a single-page layout (Sections 1 and 2), making it easier to complete.
- Revised Instructions: Instructions are now clearer and shorter—cut down from 15 pages to 8.
- Remote Verification Option: E-Verify participants can now remotely examine documents using an authorized alternative procedure, a long-awaited change for remote employers.
- Reorganized Section 3: Now a separate Supplement A (Preparer/Translator) and Supplement B (Reverification/Rehire) rather than part of the main form.
Employer Requirements
- As of November 1, 2023, all employers must use the new version (edition 08/01/2023).
- Older versions are no longer valid.
- Ensure your hiring managers and HR staff are using the current form.
- If you use an HRIS or onboarding platform, verify it has updated the form version.
- Train staff on the new remote verification process if you participate in E-Verify.
- Conduct an internal I-9 audit to ensure older forms are properly completed and stored.
The Form I-9 is not just a formality—it’s a federal requirement for every U.S. employer. Failing to use the correct version or complete it properly can lead to hefty fines, especially during an audit or investigation by ICE or the Department of Homeland Security.
Penalties for I-9 Noncompliance:
Employers who fail to properly complete, retain, or present Form I-9 during an inspection may be subject to significant penalties.
Paperwork Violations:
$281 to $2,789 per form (first-time offenses)
Knowingly Hiring or Continuing to Employ Unauthorized Workers:
First offense: $698 to $5,579 per unauthorized worker
Second offense: $5,579 to $13,946
Third or subsequent offenses: $8,369 to $27,894
Best Practices for Employers
To stay compliant and reduce risk:
- Always use the most current version of Form I-9.
- Complete Section 1 on or before the employee’s first day of work.
- Complete Section 2 within three business days of the employee’s start date.
- Retain I-9s for three years after hire or one year after separation, whichever is later.
- Conduct periodic internal audits to catch and correct errors.
- Train HR staff on accurate I-9 completion, retention, and compliance procedures.
Need help preparing?
Book a free consultation with Eilers HR for support with compliance, training, or policy creation.
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Contact Us
Erin Eilers, M.S., PHR
Eilers HR Consulting
erin@eilershr.com | (561) 876-4750
