There is an upcoming release of the revised version of Form I-9, Employment Eligibility Verification, by U.S. Citizenship and Immigration Services (USCIS). Set to be published on August 1, 2023, this updated form brings a range of improvements to streamline the employment verification process and enhance user experience for employers.

A Leap Towards Simplification and Compliance

The revised Form I-9 introduces several significant changes that aim to simplify the verification process while ensuring compliance with immigration regulations. One of the key highlights is the inclusion of a checkbox that employers enrolled in E-Verify can utilize to indicate they have remotely examined identity and employment authorization documents under an alternative procedure authorized by the Department of Homeland Security (DHS). This alternative procedure was recently recognized and authorized by DHS through a final rule in the Federal Register.

Embracing New Alternatives

DHS's final rule, announced on July 21, 2023, also marks the end of temporary COVID-19 flexibilities, effective July 31. However, the rule grants DHS the authority to authorize optional alternatives for employers to examine Form I-9 documentation. Under this new alternative procedure, certain employers can remotely examine Form I-9 documents, replacing the previous requirement for in-person document examination. To participate in the remote examination process, employers must meet specific criteria, including being enrolled in E-Verify, retaining copies of all documents, conducting a live video interaction with the employee, and creating an E-Verify case for new hires.

Transitioning with Ease

Employers who participated in E-Verify during the COVID-19 flexibilities (March 20, 2020, to July 31, 2023) and created cases for employees whose documents were remotely examined may choose to use the new alternative procedure starting on August 1, 2023, to fulfill the physical document examination requirement by August 30, 2023. However, employers who were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person physical examination by the same deadline.

Advancements in Form I-9 Design

Clear I-9 believes in staying ahead of the curve, and with the revised Form I-9, employers can expect the following enhancements:

Streamlined Layout: The updated form reduces Sections 1 and 2 to a single-sided sheet, making it more user-friendly for employers and employees alike.

Mobile-Friendly: The new form is designed to be a fillable document on tablets and mobile devices, offering convenience and flexibility during the verification process.

Standalone Supplements: The Section 1 Preparer/Translator Certification area is now moved to a separate supplement, allowing employers to provide it to employees only when necessary. Additionally, Section 3, Reverification and Rehire, has been moved to a standalone supplement, which employers can print as required.

Updated List of Acceptable Documents: The revised form now includes some acceptable receipts, along with guidance and links to information on automatic extensions of employment authorization documentation.

Simplified Instructions: Employers will now have instructions reduced from 15 pages to 8 pages, making the process more straightforward.

Remote Examination Checkbox: Employers enrolled in E-Verify will have the option to indicate that they examined Form I-9 documentation remotely under a DHS-authorized alternative procedure instead of conducting a physical examination.

Important Dates and Compliance

The new Form I-9 (edition date 08/01/23) will be made available on uscis.gov on August 1, 2023. Until October 31, 2023, employers can continue using the current Form I-9 (edition date 10/21/19). However, starting November 1, 2023, all employers must switch to the revised form to ensure compliance with the latest USCIS requirements.

Partnering with Clear I-9 for a Seamless Transition

At Clear I-9, we understand the importance of maintaining updated and accurate employment eligibility verification records. Our team is dedicated to assisting employers with a seamless transition to the new Form I-9 and staying compliant with immigration regulations. Stay tuned for more updates and resources on our website to make your transition to the revised Form I-9 a breeze!