On Aug. 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification (PDF, 899.28 KB). Form I-9 is used to “verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.” (USCIS)
The USCIS has stated that “employers can use the current Form I-9 (edition date 10/21/19) through Oct. 31, 2023. However, starting Nov. 1, 2023, all employers must use the new Form I-9.”
Please note that the I-9 form is one of several required forms when hiring a new employee in New York State:
- I-9 Form - Employment Eligibility Verification
- W-4 Form – Federal Income Tax Withholding
- IT-2104 Form – New York State Income Tax Withholding
- Wage Statement Form – New York State Wage Protection Act (2011)
- Notice to Employees of Coverage Options – Affordable Care Act (2013)
References
- USCIS To Publish Revised Form I-9 https://www.uscis.gov/newsroom/alerts/uscis-to-publish-revised-form-i-9
- I-9, Employment Eligibility Verification https://www.uscis.gov/i-9
- New Hire Reporting https://www.tax.ny.gov/bus/wt/newhire.htm
- Forbes New Employee Forms & Paperwork (2023 Guide) https://www.forbes.com/advisor/business/new-employee-forms/
Please note: The NYSCA does not provide members with personal or professional legal advice. It is strongly encouraged that members seek out competent legal counsel well versed in the area(s) of law concerning any legal questions of a personal or professional nature.