Every US employer must verify the identity and employment authorisation of every new hire using Form I-9. The form looks deceptively simple. The penalties for getting it wrong are not — ICE inspection actions reliably produce six-figure fines for paperwork errors alone.
The August 2023 redesign
USCIS published a redesigned I-9 in August 2023 that compressed Sections 1 and 2 onto a single page and consolidated Section 3 (reverification) onto a supplement. The form's edition date is "08/01/23." The previous edition is no longer valid after 31 July 2026 at the latest under the current grace period. Employers using payroll software with embedded I-9 modules should confirm the vendor has shipped the new layout.
The alternative procedure for E-Verify employers
The remote-document-examination flexibilities introduced during COVID-19 became permanent for E-Verify-enrolled employers as of August 2023. Under the alternative procedure, qualifying employers can examine I-9 documents via live video call rather than in person, retain copies of the documents, and proceed without physical presence.
The trade-off is that the alternative procedure is only available to employers enrolled in E-Verify and in good standing. Several states (Florida, Tennessee, Mississippi, Alabama, Georgia, North Carolina, South Carolina) already mandate E-Verify for some or all employers; more state mandates are scheduled to take effect through 2026.
The completion timeline that audits actually enforce
The procedural rules that produce most fines:
- Section 1 must be completed by the employee no later than their first day of employment
- Section 2 must be completed by the employer within 3 business days of the first day of work
- E-Verify case (if enrolled) must be initiated within 3 business days of the first day of work
- I-9 retention for 3 years after hire or 1 year after termination, whichever is later
Document specifics — what counts as a List A, B, or C document, and the receipts rule for replacement documents — sit in the USCIS I-9 Central reference. The most common audit findings are missing signatures, missing dates, and documents from the wrong list combinations.
What HR systems should be capturing
A proper HR/onboarding system holds, per hire:
- The completed I-9 in a tamper-evident store with full audit trail
- The document examination method (in-person vs alternative procedure)
- The E-Verify case number and outcome
- Reverification dates flagged automatically for employees on time-limited work authorisation
HourSquare's onboarding module implements the new layout with state-specific E-Verify mandates flagged by hire location. See the I-9 glossary entry for the document-list breakdown.