Big news has arrived for HR professionals and employers! The U.S. Citizenship and Immigration Services (USCIS) has announced a game-changing development that will revolutionize the way we handle Form I-9 employment verifications.
Starting August 1, 2023, a new streamlined and shortened version of Form I-9 (Rev. 08/01/23) will be available, providing greater convenience and flexibility for employers in how they verify their employees’ identities and employment authorizations. There is also new guidance to meet the challenge of doing verifications in the new remote work environments
Important Things to Know
Employers may continue using the older Form I-9 (Rev. 10/21/19) until October 31, 2023, but after that date, penalties will apply for non-compliance.
The new version of Form I-9 will be available for download from the USCIS website on August 1, 2023.
The new Form I-9 reduces instructions from 15 to 8 pages, making it more user-friendly. Employers using E-Verify in good standing can conduct remote verifications after August 1, 2023.
Remote Verification: A Leap Forward in HR Processes
The U.S. Department of Homeland Security (DHS) has also issued a final rule to enable employers to implement alternative document examination procedures, including remote document examination. This marks a significant shift in the I-9 verification process, making it more adaptable to modern workforce realities.
According to Ian Wagreich, an attorney with Hinshaw & Culbertson, “E-Verify employers performing remote verification must conduct a live video interview with the employee, retain copies of all documents presented in the I-9 verification process, and create E-Verify cases for new employees.”
Process Steps for the Alternative Procedure:
- Employers qualified for the alternative procedure (E-Verify participants in good standing) can use remote verification starting August 1, 2023.
- Within three business days of the employee’s first day of employment, the employee must transmit scanned copies of identity and employment authorization documentation to the employer.
- The employer must conduct a live video interaction with the employee to verify the documentation.
- The employer indicates on the new I-9 that the alternative procedure was used.
What to Expect from the Revised Form I-9:
The new version of Form I-9 (Rev. 08/01/23) introduces several key updates and features:
- Sections 1 and 2 have been combined into a single-sided sheet for easier completion.
- The form is designed to be fillable on tablets and mobile devices, enhancing accessibility.
- The Preparer/Translator Certification area is now in a separate supplement (Supplement A).
- Reverification and Rehire information is now in a separate supplement (Supplement B).
- The term “alien authorized to work” has been replaced with “noncitizen authorized to work.”
- The form includes a checkbox for indicating remote examination using an authorized alternative procedure.
Process Steps for the Alternative Procedure:
Employers qualified for the alternative procedure (E-Verify participants in good standing) can use remote verification starting August 1, 2023.
Within three business days of the employee’s first day of employment, the employee must transmit scanned copies of identity and employment authorization documentation to the employer.
The employer must conduct a live video interaction with the employee to verify the documentation.
The employer indicates on the new I-9 that the alternative procedure was used.
Compliance is Key: What Employers Must Do
To ensure compliance with the new procedures, employers should:
- Start using the new Form I-9 (Rev. 08/01/23) no later than November 1, 2023.
- If qualified for remote verification, ensure you have enrolled in E-Verify and familiarize managers with the alternative procedure.
- Be prepared for additional guidance from USCIS on using the alternative procedure effectively.
With these significant changes, HR professionals and employers can embrace the future of workforce verification, making the process more efficient, secure, and adaptable to modern working environments.
Like all topics involving HR Compliance, preparation and adapting your company’s processes to these changes is essential but often complex but there is help available.
At Mercury Performance Group, a company helping organizations of 500 or more employees solve their HR problems, empower their employees, and elevate their performance, we believe in supporting this kind of changes without interrupting your business. Contact us if you would like us to help you adapt to the new I-9 rules today.