On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) is set to publish a revised version of Form I-9, Employment Eligibility Verification. This updated form comes with some significant changes that employers, particularly those enrolled in the E-Verify program, need to understand. One noteworthy improvement is the inclusion of a checkbox that employers can use to indicate they have remotely inspected the identity and employment authorization documents under an alternative procedure authorized by the Department of Homeland Security (DHS).
On July 21, 2023, the DHS announced a final rule in the Federal Register signaling the end of temporary COVID-19 flexibilities as of July 31. This rule also gives DHS the authority to authorize optional alternatives for employers to examine Form I-9 documentation. Accompanying this rule, the DHS published a document in the Federal Register describing and authorizing the option for employers enrolled in E-Verify to remotely examine their employees’ identity and employment authorization documents.
This newly authorized procedure allows certain employers to remotely examine Form I-9 documents instead of the previously mandated in-person examination. To partake in this remote examination under the DHS-authorized alternative procedure, employers must be enrolled in E-Verify, conduct a live video interaction with the employee, retain copies of all examined documents, and create an E-Verify case for new hires.
For employers who participated in E-Verify during the COVID-19 flexibilities (March 20, 2020 to July 31, 2023), they may elect to use the new alternative procedure starting on August 1, 2023 to meet the physical document examination requirement by August 30, 2023. However, those employers who were not enrolled in E-Verify during this period must complete an in-person physical examination by the same date.
The revised Form I-9 has been streamlined and simplified for easier usage. Notable changes include:
• Sections 1 and 2 reduced to a single-sided sheet.
• Designed for easy filling on tablets and mobile devices.
• Section 1 Preparer/Translator Certification area moved to a separate, standalone supplement.
• Section 3, Reverification and Rehire, moved to a standalone supplement.
• List of Acceptable Documents revised to include some acceptable receipts and additional guidance.
• Form instructions cut down from 15 to 8 pages.
• A new checkbox to indicate remote examination of Form I-9 documentation under a DHS-authorized alternative procedure.
The revised Form I-9, with the edition date 08/01/23, will be published on uscis.gov on August 1, 2023. Employers can continue to use the current Form I-9 (edition date 10/21/19) until October 31, 2023. Starting November 1, 2023, all employers are required to use the new Form I-9. Stay informed about these changes and prepare for the transition to ensure smooth employment verification processes in your organization.
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please don’t hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.
USCIS link: https://www.uscis.gov/newsroom/alerts/uscis-to-publish-revised-form-i-9