Recently, the U.S. Citizenship and Immigration Services (USCIS) announced an update to their Form I-9, with a new version that can be used starting on August 1, 2023. The current Form I-9 can be used through October 31, 2023, but starting November 1, 2023, all employers must use the new Form I-9. The revised changes to the form include:
- The reduction of Sections 1 and 2 to a single-sided sheet
- A design that is a fillable form on tablets and mobile devices
- The movement of certain sections to standalone supplements
- A checkbox that allows employers to indicate they’ve examined the Form I-9 documentation remotely under a Department of Homeland Security (DHS)-authorized alternative procedure rather than via physical examination
The revised Form I-9 can be found here.
What about satisfying physical document examination requirements?
In addition, the Department of Homeland Security (DHS) published a notice in the Federal Register describing and authorizing employers who are enrolled in (and in good standing with) E-Verify the option to remotely examine their employees' identity and employment authorization documents under an alternative procedure. Employers must retain copies of all documents, conduct a live video interaction with the employee, and create an E-Verify case if the employee is a new hire. If an employer participated in E-Verify during the COVID-19 flexibilities, they may choose to use the new alternative procedure to satisfy the physical document examination requirement by August 30, 2023. Additional information is available here, here and here.
Please note: the preceding information is provided for informational purposes only and should not be construed or relied upon as legal advice and is subject to change without notice. If you have questions concerning particular situations, specific payroll administration, or labor relations issues, please contact your legal counsel.
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If you have questions or need additional information, please reach out to compliance@castandcrew.com.
