Key Updates to Form I-9 The updated form includes minor, but important, changes to reflect current legal requirements, including: - Renaming the fourth checkbox in Section 1 to: “An alien authorized to work”;
- Revising descriptions of two List B documents in the Lists of Acceptable Documents; and
- Incorporating revised statutory language and an updated DHS Privacy Notice in the instructions.
Reminder: In-Person Document Review Requirements Employers must physically inspect original identity and work authorization documentsunless they are enrolled in E-Verify and meet the requirements for remote examination. - Employers not enrolled in E-Verify are required to conduct in-person document reviews only. Remote review (even via live video) is not permitted.
- Employers may designate an authorized representative to complete Section 2 (or Section 3) of the Form I-9 on their behalf.
Authorized Representative Guidance DHS guidance confirms that: - An authorized representative may be any person designated by the employer, including a third party, agent, HR officer, or notary public (where allowed).
- Employers remain liable for any errors, omissions, or violations committed by their chosen representative.
- A notary public acting as an authorized representative is not acting in the capacity of a notary and should not use a notary seal when completing the Form I-9.
- Employees may not act as their own authorized representative under any circumstances.
For more information on using authorized representatives and completing Form I-9, refer to the DHS guidance available at: uscis.gov/i-9-central. |
