Employers should begin using Form I-9 with a version date of “(Rev. 08/01/23)” to comply with their employment eligibility verification requirements as of August 1, 2023, according to this Notice from USCIS. The form’s version date is provided in the bottom right corner.
Employers may use the previous version of Form I-9 (Rev. 10/21/19) until October 31, 2023. Employers are being given more time by USCIS to make required adjustments and alter their business operations. The previous form of Form I-9 will be outdated and no longer usable after October 31, 2023. The current Form I-9 may be downloaded by the general public from
www.uscis.gov/i-9.
Employers that fail to utilize Form I-9 (Rev. 08/01/23) may be liable to all applicable penalties under section 274A of the Immigration and Nationality Act (INA), 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE) beginning November 1, 2023.
Employers are exempt from completing the revised Form I-9 (Rev. 08/01/23) for current workers who currently have a correctly completed Form I-9 on file, unless reverification is required after October 31, 2023. Unnecessary verification may contravene the INA’s anti-discrimination clause, 8 U.S.C. 1324b, which is enforced by IER.
This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
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