Employer Bulletin August 2023

This Bulletin is part of an ongoing series by Kraeber Law Office to provide helpful hints about developments in the law that could be relevant to your business.

NEW I-9 FORMS - All employers are required to verify the identity and authorization of individuals hired to work in the U.S.

1. New I-9

On August 1, 2023, a new I-9 form became available and all employers should download and begin using (https://www.uscis.gov/i-9). Any use of the outdated version after October 31, 2023 will subject employers to penalties.

2. Examination of Documents

By using the appropriate checkbox on the new form, employers will now be able to confirm that they have examined employee documents using DHS-authorized alternative procedures (such as E-Verify where employer must conduct a live video interview with the employee, retain copies of all documents presented in the I-9 verification process, and create E-Verify cases for new employees).

3. E-Verify

Only employers that use E-Verify and are in good standing can continue to conduct verifications electronically after August 1, 2023.

4. Supplement A

Supplement A will need to be completed if a new hire has a preparer or translator's help to complete the I-9.

5. Supplement B

Supplement B will need to be completed when rehiring occurs or reverification is required. Complete before worker's employment authorization expires.

6. Penalties

Employers that do not complete and retain I-9 forms properly may face significant civil penalties and, in some cases, criminal penalties.