As you may have heard, on August 1, 2023, U.S. Citizens and Immigration Services (USCIS) published an updated Form I-9, Employment Eligibility Verification. The Department of Homeland Security (DHS) has also released guidance regarding employers’ ability to use remote examination of Form I-9 documents.
Updated Form I-9 Required November 1, 2023
This new form is more streamlined than the prior form and includes a box to indicate that an approved alternative procedure has been used to verify documents, instead of the traditional in-person review. Employers can continue to use the older form (Rev. October 21, 2019) through the end of this month October 2023 without penalty. Starting November 1, 2023, employers may be subject to penalties if they fail to use the new form.
Remote Examination Updates Currently Effective
The flexibilities permitted for remote examination due to COVID-19 are no longer permissible. The DHS has authorized the following alternative procedure for employers to utilize remote Form I-9 verification:
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Must be enrolled in E-Verify; and
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Examine and retain copies of all documents; and
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Conduct a live video interaction with the employee; and
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Create an E-Verify case if the employee is a new hire.
Until you are enrolled in E-Verify, you must do physical in-person examinations. For more information, please click here.
What Should Employers Do to Get in Compliance?
Employers can begin using the updated I-9 Form immediately but must transition to the new form by November 1, 2023.
To take advantage of remote verification of employees’ right-to-work documents as part of the I-9 process, enroll in E-Verify (if you haven’t already enrolled during COVID-19) and follow the additional required procedures noted above.
This is a good opportunity for you to revisit all your onboarding processes, such as updating onboarding materials, posters, and pamphlets, to ensure your documentation is current. Medina McKelvey is here to assist you with this and all your compliance needs.
If you have any questions regarding this change, please give us a call at 916-960-2211.