ICE Issues New Form I-9 for Mandatory Use Starting November 1, 2023


The U.S. Citizenship and Immigration Services’ Form I-9, Employment Eligibility Verification, verifies the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must complete Form I-9 properly for all persons hired, including both citizens and noncitizens.

ICE published a new edition of Form I-9 on August 1, 2023 and after October 31, 2023 the prior version of Form I-9 will be obsolete and no longer valid for use. Moreover, starting November 1, 2023, employers failing to use the 08/01/23 edition of Form I-9 may be subject to penalties.

Employers must retain their Form I-9s for designated periods and make them available for inspection by authorized government officers. Noncompliance by employers with the Form I-9 requirements, or other immigration law responsibilities, can result in various sanctions, including civil fines, criminal penalties, and even debarment from government contracts.

The applicable edition information is located at the bottom left hand corner of the Form I-9. Information regarding the Form I-9, and downloadable copy of the new Form I-9 is available on ICE’s website.

For more information regarding this legal update, please contact Neil Lowenstein or another member of the Woods Rogers Vandeventer Black Construction and Government Contracts practice group. 


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