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Form I-9: Out with the Old, In with the New

Oct 25, 2023 | Human Resources Services, I-9

By Kimberley Best Robidoux

Are you ready for November 1? If you’re wondering why we’re asking, it’s because November 1 is the day that employers may use ONLY the new edition of the Form I-9 (dated 08/01/2023).

If you didn’t remember, never fear. At WR Immigration, we are I-9 geeks and keep track of all these dates so you don’t have to. And the new I-9 is definitely something to get excited about: it’s back to one page again (if you don’t count Supplement A (Preparer/Translator) and Supplement B (Rehire and Reverification), that is).

Not only is the Form I-9 a one-page form again, but the instruction pages have been reduced from 15 to 8 and the List of Acceptable Documents (LOAD) has been slightly updated to provide employers and employees with links to I-9 Central and the M-274 Handbook for Employers that contain detailed information about many of the documents that are acceptable but not specifically listed on the LOAD. If you’re unsure or unaware of the details of the 50+ additional acceptable documents, contact a WR Immigration attorney for assistance to avoid potential discrimination in the I-9 process.

And, do not forget about the new Alternative Procedure that allows for the virtual review of identity and work authorization documents to complete the I-9 process for E-Verify employers provided that they meet all of the necessary requirements to participate in this program that almost brings the Form I-9 process into the 21st Century!

Those who are you just now learning about the new Form I-9, who would like a refresher on the new form and Alternative Procedure (as well as the Reinspection process), or who are trying to get caught up on the physical inspection of the Forms I-9 completed using COVID-19 Flexibilities, can check out our two previous 2023 I-9 webinars here. And please join us for a webinar on December 5th at 11:00 a.m. Pacific/2:00 p.m. Eastern for “Wait–What Happened with the Form I-9?” A Year-End Recap of USDHS’s Changes to Form I-9 and Processes in 2023. In this webinar, WR Immigration Partner Kimberley Robidoux will address all of your nagging I-9 questions and concerns, and get you ready to face 2024 with your I-9 practices and procedures securely in place.

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E-Verify Update: Watch Your State’s Requirements

E-Verify is available in all 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. However, it is not required in all states. Many states have passed their own laws mandating E-Verify in certain circumstances. In Florida, there are new requirements under a state law effective January 1, 2021. E-Verify is now mandatory in Florida for government employers and contractors, along with certain private employers. Private employers who do not wish to use E-Verify must maintain, for at least three years, copies of documents their employees provided to fulfill the requirements of the Form I-9 Employment Eligibility Verification process. Employers making such choices should remember that when they enroll in E-Verify, they are making a contractual commitment, take into account the internal costs involved—such as for set-up, training, security, and administration—even though no fee is charged for the E-Verify process. The top industries nationwide using E-Verify as of December 31, 2020, include other (52.5%), professional, scientific, and technical services (19%), food services and drinking places (10.7%), administrative and support services (6.5%), specialty trade contractors (6%), and social assistance (5.3%). As of December 3, 2020, more than 967,000 U.S. employers […]

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