New Form I-9 Now Available for Household Employers

On July 21, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced a new version of Form I-9, also known as the Employment Eligibility Verification form. Household employers are required to use this form to verify that their employees are authorized to work in the United States. Employers can begin using the new form Aug. 1, 2023.

The updated Form I-9 should be used for new hires. Current employees do not need to update their Form I-9 to the latest version.

If you rehire your employee within three years of the date that a previous Form I-9 was completed, you may either complete a new Form I-9 for your employee or complete Supplement B of the previously completed Form I-9. More information about completing Supplement B.

Form I-9 Updates

The new Form I-9:

• Reduces Sections 1 and 2 to a single-sided sheet;
• Is designed to be a fillable form on tablets and mobile devices;
• Moves the Section 1, Preparer/Translator Certification, area to a separate, standalone supplement that employers can provide to employees when necessary;
• Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when rehire occurs or reverification is required;
• Replaced the use of “alien authorized to work” with “noncitizen authorized to work;”
• Clarified the difference between “noncitizen national” and “noncitizen authorized to work;”
• Ensured the form can be downloaded easily and filled out on tablets and mobile devices;
• Removed the requirement to enter “N/A” in certain fields;
• Updated the notice that explains how to avoid discrimination in the Form I-9 process;
• Revises the Lists of Acceptable Documents page to include some acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documentation;
• Reduces form instructions from 15 pages to eight pages; and
• Includes a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a Department of Homeland Security (DHS)-authorized alternative procedure rather than via physical examination.

The revised Form I-9 (edition date Aug. 1, 2023) was published on USCIS.gov on Aug. 1, 2023. Employers can use the current Form I-9 (edition date Oct. 21, 2019) through Oct. 31, 2023. Starting Nov. 1, 2023, all household employers must use the new Form I-9. Household employers who continue to use the old Form I-9 after the end of October 2023 will be subject to penalties.

This announcement from the USCIS has been long-awaited after previous extensions of the existing Form I-9. This update will impact all household employers, so you should familiarize yourself with the new Form I-9 and pay attention to additional USCIS announcements. GTM Payroll Services will post any notable developments on our website.

About Form I-9

On Form I-9, your employee must attest to their employment authorization by presenting acceptable documents evidencing identity and employment authorization.

New employees must complete and sign Section 1 of Form I-9 no later than the first day of employment.

Within three business days of the date employment begins your employee must present you with an original document or documents that establish their identity and employment authorization.

You’ll then examine these employment eligibility and identity documents to determine whether the documents reasonably appear to be genuine and relate to your employee. You’ll record the document information on Form I-9. The list of acceptable documents can be found on the last page of the form.

You don’t need to file Form I-9 with USCIS or U.S. Immigrations and Customs Enforcement (ICE).

However, you must:

• Have a completed Form I-9 on file for each person on your payroll who is required to complete the form;
• Retain and store Forms I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later; and
• Make your employee’s forms available for inspection if requested by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

If you don’t properly complete and retain Form I-9, you may be subject to civil penalties, and, in some cases, criminal penalties.

A first-time offense for knowingly hiring and continuing to employ unauthorized workers will cost you at least $538 and up to $4,133. Subsequent violations can cost you as much as $21,563.

Something as simple as failing to confirm an employee dated their Form I-9, for example, can result in a penalty of up to $2,156.

GTM can help

GTM Payroll’s online, self-onboarding walks your new hire seamlessly through the employee setup process, including Form I-9, meaning less work for you tracking down paper documents and fewer mistakes that can slow things down. It’s just another way that GTM Payroll Services makes household employment easy for you. Through automatic payroll processing with direct deposit and tax withholdings calculated for you, payday is a breeze. And we take care of remitting your employment taxes. To learn more or to sign up, call (800) 929-9213 or schedule time with a household employment expert.

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