Key Highlights:

1. USCIS will release a revised Form I-9 on August 1, 2023.
2. DHS announced a final rule that will provide certain employers with an optional remote employment verification procedure.
3. The new rule will offer a remote means of examining I-9 documentation and completing the Form I-9 for qualifying employers.
   

Requirements for Employers to Qualify for the Remote Verification Option

USCIS has outlined specific requirements that employers must meet to be eligible for the alternative procedure.

To qualify, employers must:

1. Be enrolled in E-Verify and remain in good standing and compliance with all E-Verify program requirements.
2. Complete an E-Verify training as part of the enrollment process.
3. Use the alternative procedure consistently for all employees at a given worksite or only for remote employees, ensuring non-discriminatory practices based on citizenship, immigration status, or national origin.
   

Steps Involved in the Alternative Procedure

For employers eligible to use the remote verification option, the following steps must be completed within three business days of an employee's start date:

1. Examine all Form I-9 documents, ensuring their authenticity.
2. Conduct a live video interaction with the employee to verify the validity of the documentation.
3. Check the designated box on the new version of Form I-9 indicating the use of the alternative procedure (or write "alternative procedure" for the grace period using the 10/21/2019 edition).
4. Retain clear and legible copies of all I-9 documentation, including double-sided documents.

Additionally, employ ers must be prepared to provide clear and legible copies of I-9 documentation to federal government officials in the event of an audit or investigation.

Transitioning from Remote COVID-19 Flexibilities

Employers who previously utilized remote COVID-19 document examination flexibilities may adopt the alternative procedure beginning August 1, 2023, to meet the current physical examination requirements by the August 30, 2023, deadline. These employers must ensure the following:

1. They were enrolled in E-Verify at the time of the remote examination.
2. They created an E-Verify case for the employee (except for reverification).
3. The remote inspection occurred between March 20, 2020, and July 31, 2023.

Employers must indicate their use of the alternative procedure and the date of the live video interaction in the appropriate section of Form I-9.

Enhancements to the New Form I-9

The revised Form I-9 is designed to be more user-friendly, allowing completion on tablets and mobile devices. With a reduced length of a single-sided sheet and eight pages of instructions (down from fifteen pages), the new form streamlines the verification process. USCIS has also updated the Lists of Acceptable Documents page, incorporating certain receipt notices and guidance on automatic extensions of Employment Authorization Documents (EADs).

Navigating Employment Eligibility Verification: Your Path to Efficiency and Compliance with HR Logics

As your trusted partner in navigating the intricacies of employment eligibility verification, HR Logics is dedicated to providing seamless support as you transition to the new Form I-9 and explore the remote verification option, if applicable. Be sure to stay connected with our blog for regular updates and valuable resources to ensure your organization maintains full compliance with immigration regulations. Our team is here to guide you on the path to a more efficient and compliant I-9 verification process .