Hey Compliance Warriors!
What did I tell you? The new I-9 is on its way and remote verification will remain legal for eVerify participants!
This morning, the U.S. Department of Homeland Security (DHS) revealed a new rule that provides an alternative way to check the identification and job eligibility of potential employees. This alternative option, referred to as the “Remote Form I-9 Alternative Procedure,” is a much-anticipated rule that gives employers, who use the E-Verify system and have good standing in it, a chance to use this alternative option permanently.
Starting from August 1, 2023, this new rule can be used optionally by employers. The DHS will officially release the details of this rule on July 25. Some of the main aspects of this alternative procedure are:
1. Only employers who use E-Verify and have a good reputation in it can use this procedure.
2. The employers have to keep clear and readable copies of all documents used in Form I-9.
3. E-Verify training is mandatory.
4. During the live video interaction with the employee, the employer must ensure security levels equivalent to physically checking the documents.
The DHS stated that eligible employers won’t need to physically check the documents of employees hired during the COVID period if they meet certain criteria.
More about the Remote Form I-9 Alternative Procedure:
1. Only Qualified Employers: Only employers who use E-Verify and have a good reputation can use this new procedure.
2. Document Verification: The employee will first send a copy of their documents to the employer and then show the same documents during a live video interaction.
3. Document Retention: Employers must keep a clear and readable copy of all documents provided by the employee for the Form I-9 process.
4. E-Verify System: The system will electronically cross-check the information entered by an employer from the employee’s Form I-9 with DHS and Social Security Administration (SSA) records to verify the authenticity of identification and employment authorization documents.
5. Training: All employers and users managing E-Verify cases must complete a training tutorial that includes fraud awareness and anti-discrimination lessons.
6. COVID Form I-9 Flexibilities: Employers who used COVID Form I-9 rules that will end on July 31 won’t need to physically check the documents of those hires if they were enrolled in E-Verify at the time of hire, created an E-Verify case for the employee, and performed the remote inspection between March 20, 2020, and July 31, 2023.
7. I-9 Reporting Requirements: Employers must indicate on Form I-9 that they used an alternative procedure for examining the documents.
8. Use of Form I-9: Starting August 1, 2023, employers must use Form I-9 with the date “(Edition: 08/01/2023)”. They can still use the older version of Form I-9 (Edition: 10/21/2019) until October 31, 2023. However, they must indicate that they used the alternative procedure by writing “alternative procedure” in the “Additional Information” field in Section 2.
The revised Form I-9:
- 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.
The revised Form I-9 (edition date 08/01/23) will be published on uscis.gov on Aug. 1, 2023. Employers can use the current Form I-9 (edition date 10/21/19) through Oct. 31, 2023. Starting Nov. 1, 2023, all employers must use the new Form I-9.
This new rule by the DHS is a big leap toward modernizing the employment verification process. It promises to bring efficiency and convenience while ensuring the process’s integrity.
Be Audit-Secure™!
Lisa Smith, SPHR, SCP
