Employers now should begin using the new Form I-9, Employment Eligibility Verification  (“2023 Form I-9”) to verify the identity and eligibility of workers to work in the United States.  The U.S. Immigration and Customs Service (“USICS”) made the 2023 Form I-9 available on August 1, 2023.  

Use of the 2023 Form I-9 to verify worker identity and eligibility to work will be mandatory beginning November 1, 2023. 

Between August 1 and October 31, 2023 employers are permitted to use either the 2023 Form I-9 or the previous Form I-9 dated October 21, 2019 fulfill their I-9 identity and employment eligibility verification responsibilities.  

After October 31, 2023, employers failing to use the 2023 Form I-9 to fulfill their I-9 responsibilities may be subject to penalties. 

To reduce the risk that an employer inadvertently will fail to timely begin using the 2023 Form I-9 by the required November 1, 2023 deadline, employers generally should acquire and begin using the 2023 Form I-9 for any verifications of identity and eligibility to work after the 2023 Form I-9 becomes available on August 1, 2023. 

Employers will be able to acquire the 2023 Form I-9 for free beginning August 1, 2023 by downloading it from the USCISC website here.  Alternatively, employers can order the paper Form I–9 here.

When preparing to use the 2023 Form I-9, employers will notice that it incorporates the following changes:

• 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;
• 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 8 pages; and
• Includes a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a DHS-authorized alternative procedure rather than via physical examination.

For More Information

We hope this update is helpful. Solutions Law Press, Inc. invites you to receive future updates by registering on our Solutions Law Press, Inc. Website and participating and contributing to the discussions in our Solutions Law Press, Inc. LinkedIn Health Care Risk Management & Operations Group, HR & Benefits Update Compliance Group, and/or Coalition for Responsible Health Care Policy Group.

If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information including your preferred e-mail by creating your profile here. 

About Solutions Law Press, Inc.™

Solutions Law Press, Inc.™ provides human resources and employee benefit and other business risk management, legal compliance, management effectiveness and other coaching, tools and other resources, training and education on leadership, governance, human resources, employee benefits, data security and privacy, insurance, health care and other key compliance, risk management, internal controls and operational concerns. If you find this of interest, you also may be interested in reviewing some of our other Solutions Law Press, Inc.™ resources available here such as: 

• Education Association Union Sued For Race Discrimination
• Biden-⁠Harris Administration Ending COVID-⁠19 Vaccination Requirements For Federal Employees, Contractors, International Travelers, Head Start Educators & CMS-Certified Facilities
• Autism Health Plan Exclusions and Limitations May Trigger Mental Health Parity and Addiction Equity Act Liabilities
• Labor Department Shares Resources on PERM and H-2A Program Updates
• Trucking Cos.’ $1.25M Sex Discrimination Warns Other Employers
• $167K In Backpay and Penalties Restaurant Paying For FLSA Violations Warns Other Businesses
• Revise Health Plan HIPAA Records Access Rules & Procedures To Use Newly Flexibility On Charging, Responding To Third Party PHI Requests
• 2/28 New Comment Deadline For NLRB Proposal To Exclude College Work Study Student Workers From NLRA Coverage
• Don’t Get Stuck Paying Another Employer’s Overtime Or Other Backpay
• 2019 OCR Enforcement Shows Getting Defensibly HIPAA Compliant Necessary In 2020!
• DOJ Omnicare/CVS Suit Highlights Potential Pharmacy Benefit Claims Abuse Exposure For Health Plans, Member Safety Risk
• OSHA Seeks Small Business Volunteers For Tree Care Safety Panel
• NLRB Restores Pre-Obama Era Union Dues Checkoff Rule
• $1.6M HIPAA Penalty Largely Caused By Inadequate Security Assessments & Oversight  
• 10 Former NFL Payers Charged With Defrauding NFL Retiree Health Fund  
• NLRB Order Directs Settlement Of McDonald’s Unfair Labor Practice Complaints Including Joint Employer Liability Charges Against McDonald’s USA
• College Pays $54,000 To Settle DOJ ADA Lawsuit For Paramedic Program’s Termination of TA With MS  
• Business Leaders Serve Jail Time For Employment Tax Crimes   
• Salary Threshold Increases Require Employer Review Of Salaried Worker FLSA Exemption Qualification  

If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information including your preferred e-mail by creating your profile here.

Circular 230 Compliance. The following disclaimer is included to ensure that we comply with U.S. Treasury Department Regulations. Any statements contained herein are not intended or written by the writer to be used, and nothing contained herein can be used by you or any other person, for the purpose of (1) avoiding penalties that may be imposed under federal tax law, or (2) promoting, marketing or recommending to another party any tax-related transaction or matter addressed herein.

©2023 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press, Inc.™ For information about republication, please contact the author directly. All other rights reserved.

The American Bar Association Real Property Probate and Trust Section Employee Benefits Committee invites you to catch up on a briefing on newly proposed rules and other guidance on the Mental Health Parity and Addiction Equity Act (‘MHPAEA”) by participating in its free monthly membership call on Friday, August 18, 2023 at Noon Central Time conducted by SLP author and publisher employee benefits attorney Cynthia Marcotte Stamer, along with fellow employee benefit attorneys Jacquelyn Meng Abbott and Allison Moody.

With their 2023 Mental Health Parity and Addiction Equity Act’s Comparative Analysis Report to Congress (“Report”) and an accompanying Enforcement Fact Sheet (“Fact Sheet”) confirming their continued prioritization of MHPAEA, the Department of Labor Employee Benefit Security Administration (“EBSA”), the Department of Health and Human Services Centers for Medicare & Medicaid Services (“CMS”) and the Department of Treasury (collectively the “Tri-Agencies) also signaled plans to further tighten MHPAEA’s requirements by releasing a joint Notice of Proposed Rulemaking (“Proposed Rule”) and a Technical Release (“Technical Release”) seeking input on MHPAEA. During the meeting, employee benefit attorneys Committee Co-Chair, Cynthia Marcotte Stamer, and Committee Vice Chairs Jacquelyn Meng Abbott, and Allison Moody will lead a discussion of the new guidance package including:

• The Report, Fact Sheet and selected MHPAEA litigation enforcement developments
• The recently Proposed Regulations and Technical Release;
• Other MHPAEA compliance developments and tips; and 
• Possible areas of concern on which the RPTE Employee Benefits Committee or others might want to submit in response to the Tri-Agencies.

Interested persons can use the following information to join the Zoom Meeting here using Meeting ID: 963 6704 4137 and Passcode: 509661 or Dial in by telephone using either of the following numbers: Telephone Dial In: 888 475 4499 US Toll-free; 877 853 5257 US Toll-free.

For more information about the American Bar Association RPTE Section and its Employee Benefits Committee, see here.

For More Information

We hope this update is helpful. Solutions Law Press, Inc. invites you to receive future updates by registering on our Solutions Law Press, Inc. Website and participating and contributing to the discussions in our Solutions Law Press, Inc. LinkedIn Health Care Risk Management & Operations Group, HR & Benefits Update Compliance Group, and/or Coalition for Responsible Health Care Policy Group.

If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information including your preferred e-mail by creating your profile here. 

About Solutions Law Press, Inc.™

Solutions Law Press, Inc.™ provides human resources and employee benefit and other business risk management, legal compliance, management effectiveness and other coaching, tools and other resources, training and education on leadership, governance, human resources, employee benefits, data security and privacy, insurance, health care and other key compliance, risk management, internal controls and operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press, Inc.™ resources available here such as: 

• Education Association Union Sued For Race Discrimination
• Biden-⁠Harris Administration Ending COVID-⁠19 Vaccination Requirements For Federal Employees, Contractors, International Travelers, Head Start Educators & CMS-Certified Facilities
• Autism Health Plan Exclusions and Limitations May Trigger Mental Health Parity and Addiction Equity Act Liabilities
• Labor Department Shares Resources on PERM and H-2A Program Updates
• Trucking Cos.’ $1.25M Sex Discrimination Warns Other Employers
• $167K In Backpay and Penalties Restaurant Paying For FLSA Violations Warns Other Businesses
• Employers Prepare For Employment Tax Withholding Changes; Review & Comment On Proposed Rule Changes
• Employers Prepare For Employment Tax Withholding Changes; Review & Comment On Proposed Rule Changes
• New PBGC Pension Rules Effective 3/5 May Require Action On Retirement Plans
• Revise Health Plan HIPAA Records Access Rules & Procedures To Use Newly Flexibility On Charging, Responding To Third Party PHI Requests
• 2/28 New Comment Deadline For NLRB Proposal To Exclude College Work Study Student Workers From NLRA Coverage
• Don’t Get Stuck Paying Another Employer’s Overtime Or Other Backpay
• 2019 OCR Enforcement Shows Getting Defensibly HIPAA Compliant Necessary In 2020!
• DOJ Omnicare/CVS Suit Highlights Potential Pharmacy Benefit Claims Abuse Exposure For Health Plans, Member Safety Risk
• OSHA Seeks Small Business Volunteers For Tree Care Safety Panel
• NLRB Restores Pre-Obama Era Union Dues Checkoff Rule
• $1.6M HIPAA Penalty Largely Caused By Inadequate Security Assessments & Oversight  
• 10 Former NFL Payers Charged With Defrauding NFL Retiree Health Fund  
• NLRB Order Directs Settlement Of McDonald’s Unfair Labor Practice Complaints Including Joint Employer Liability Charges Against McDonald’s USA  
• 2018 US National Health Expenditures Grew Again  
• ONC Patient Matching for Prescription Drug Monitoring Program Slides Available  
• SBA Hosts Employee Benefits Roundtable 11/21  
• College Pays $54,000 To Settle DOJ ADA Lawsuit For Paramedic Program’s Termination of TA With MS  
• Business Leaders Serve Jail Time For Employment Tax Crimes  
• New $2.15M OCR Penalty Shows Health Plans Risks Of HIPAA Violations  
• Proposed NLRB Employee Definition To Exclude College Study Workers  
• DOL Proposing To Allow Default Website ERISA Retirement Plan Disclosures  
• Salary Threshold Increases Require Employer Review Of Salaried Worker FLSA Exemption Qualification  

If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information including your preferred e-mail by creating your profile here.