The U.S. Citizenship and Immigration Services (USCIS) has announced that a revised version of Form I-9 is coming soon. In addition, the Department of Homeland Security has approved the use of remote verification of Form I-9 documents for E-Verify participants. Below is additional information on each.
Updated Form I-9
On August 1, 2023, the USCIS will publish a revised version of Form I-9, Employment Eligibility Verification, but employers can continue to use the current Form I-9 (edition date 10/21/19) through October 31, 2023. However, by November 1, 2023, all employers must use the new Form I-9.
Updates to the revised Form I-9 include, but are not limited to:
- Reducing Sections 1 and 2 to a single-sided sheet;
- Designing the form to be fillable on tablets and mobile devices;
- Moving the Section 1 Preparer/Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary;
- Moving Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when a rehire occurs or reverification is required;
- Revising 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; and
- The inclusion of a checkbox allowing employers enrolled in E-Verify to indicate they examined Form I-9 documentation remotely under a DHS-authorized alternative procedure.
DHS Approved Remote Document Verification for Employers Who Enroll in E-Verify
Today, the DHS has announced a Final Rule to allow remote verification of employment authorization documents, rather than in-person verification for employers who participate in E-Verify and are in good standing with the agency. The Final Rule takes effect on August 1, 2023. Covered employers will be permitted to electronically verify employment authorization documents using live video call interaction.
With regard to the requirements for live video inspection, the video inspection may only take place after the employee transmits a copy of the document(s) to the employer, and the employee must present the same document(s) during the live video interaction.
Employers who would like details about enrolling in E-Verify may click here.
In-Person Inspection of Form I-9 Employment Authorization Documents
As a reminder, employers who do not participate in E-Verify have until August 30, 2023, as previously announced, to perform all required physical examination of identity and employment authorization documents for those individuals hired on or after March 20, 2020, and who have received only a virtual or remote examination under the COVID-19 temporary flexibilities.
HR Works will continue to monitor this topic and provide updates as they become available.