The Department of Homeland Security (DHS) introduced a new final rule that allows certain employers to continue the remote verification of their employees’ I-9 documents, making permanent the flexibility initially implemented during the COVID-19 pandemic.

The rule is scheduled to be published in the Federal Register on July 25 and will become effective from August 1. It applies exclusively to workers hired after the rule’s effective date. Under this regulation, employers must use E-Verify to compare the information on an employee’s I-9 form with the records DHS has on file.

To remain compliant, employers must retain “clear and legible copies” of all documents submitted by employees for the I-9 employment eligibility verification form, including social security cards, passports, driver’s licenses, or permanent resident cards, as these documents may be subject to audit by DHS.

DHS suspended the in-person review requirement in March 2020 due to the pandemic, enabling remote verification since then. However, in October, DHS announced the termination of the COVID-19 temporary flexibilities by July 31. Initially, employers were required to physically inspect identity and employment eligibility documents for workers hired remotely during the pandemic by that date. Subsequently, in May, DHS extended the deadline for such verifications to August 30.

Nevertheless, employers enrolled in E-Verify will be exempt from this requirement under the new regulation. On the other hand, employers not part of the E-Verify program will still need to complete physical document examinations.

The alternative verification method for Form I-9 will be accessible to employers enrolled in the E-Verify program and in good standing. Employers using the alternative method must conduct video interviews with their employees as part of the document verification process. Additionally, U.S. Citizenship and Immigration Services (USCIS) announced an updated Form I-9.

The revised Form I-9 introduces several enhancements to improve user-friendliness and efficiency:

• Sections 1 and 2 are now streamlined into a single-sided sheet for ease of use.
• The form is fillable on tablets and mobile devices, enabling digital completion.
• The Section 1 Preparer/Translator Certification has been moved to a separate, standalone supplement that employers can provide when necessary.
• Section 3, covering Reverification and Rehire, is now available as a standalone supplement for printing when rehire or reverification is necessary.
• The Lists of Acceptable Documents page has been revised to include acceptable receipts, additional guidance, and links to information on automatic extensions of employment authorization documentation.
• Form instructions have been condensed from 15 pages to 8 pages, simplifying the process for employers.
• A new checkbox is included, allowing employers to indicate that they examined Form I-9 documentation remotely using a DHS-authorized alternative procedure, rather than through physical examination.

The revised Form I-9, edition date 08/01/23, will be accessible on the USCIS official website starting August 1, 2023. Employers can continue using the current Form I-9, edition date 10/21/19, until October 31, 2023. From November 1, 2023, onward, all employers must transition to using the new Form I-9 for their verification processes.

For any inquiries related to employment verification or immigration matters, feel free to reach out to us. We actively monitor ongoing updates to ensure our clients receive the right advice and support, every step of the way.