Our goal is to keep you informed of changes associated with the Form I-9 that will impact you as an employer.
Read on to learn about recent changes to E-Verify and I-9 Requirements.
The new version of the Form I-9 is now available and must be used starting November 1, 2023. Employers may continue to use the older Form I-9 (Rev. 10/21/19) through October 31, 2023. Click here to view the new Form-I-9 and instructions.
Employers that use E-Verify who are in good standing are now able to conduct verifications electronically. E-Verify is an Internet-based system operated by the DHS in partnership with the Social Security Administration (SSA). E-Verify allows participating employers to electronically verify the employment eligibility of their newly hired employees. Any employer may voluntarily use the E-Verify system.
The Form I-9 flexibilities due to COVID-19 ended on July 31, 2023, as planned. Documents that were remotely examined during this time (between March 20, 2020 through July 31, 2023) must be reverified by August 30, 2023.
On August 3, 2023, the Department of Homeland Security (DHS) proposed a rule that would pilot an alternative document verification system to allow select, non-E-Verify employers to examine Form I-9 documents remotely. Public comments on the proposal will be accepted until https://www.regulations.gov and entering ICEB-2023-0007 in the search box.
FrankCrum can assist your Company and become your designated employer agent for E-Verify. Clients of FrankCrum also have access to a team of individuals who can assist them with new and evolving laws. To learn how FrankCrum can help you, click here.
The Department of Homeland Security (DHS) extension of the Form I-9 flexibilities due to COVID-19 will end on July 31, 2023 as planned.
Yesterday, July 25, 2023, DHS has published a Federal Register notice to announce authorization of alternative procedure to the in-person physical examination of the documentation for the purpose of completing the Form I-9. Employers that use E-Verify who are in good standing will be able to conduct verifications electronically beginning August 1, 2023. This sets the stage for permanent remote examinations for more employers in the future.
Also yesterday, DHS has published a Federal Register notice to announce the introduction of the new version of the Form I-9. It will be available for use August 1, 2023. Employers may continue to use the older Form I-9 (Rev. 10/21/19) through October 31, 2023. After that date, they will be subject to penalties if they use the older form.
Updates to the Form I-9 include:
- Section 1 and 2 are reduced to a single-sided sheet
- Section 1 Preparer/Translator Certification area and Section 3 Reverification and Rehire area are now separate standalone supplements
- The Lists of Acceptable Documents page has been revised
- A box has been added that eligible employers much check if the employee’s Form I-9 documentation was examined under a DHS -authorized alternative procedure rather than via physical examination
- The form can be filled out on tablets and mobile devices
The Department of Homeland Security also announced an extension of the Form I-9 flexibilities, which was first announced in March 2020. DHS has extended the flexibilities again until July 31, 2023. We may see a possible permanent remote virtual I-9 verification process in the future. You can learn more here about the extension and the current requirements.
DHS Exploring Next Steps for Virtual I-9 Remote Documentation Examination
Form I-9 Flexibility Extended
On April 25, 2022, the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) announced an extension of the Form I-9 flexibilities through October 31, 2022.
This extension will continue to apply the guidance previously issued for employees hired on or after April 1, 2021, and work exclusively in a remote setting due to COVID-19 related precautions. These employees are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.
Learn more here.
DHS Further Extends Form I-9 Flexibility
On December 16, 2021, U.S. Immigration and Customs Enforcement (ICE) announced an extension of Form I-9 flexibility that was initially granted last year. Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) will extend this policy until April 30, 2022.
This extension will continue to apply the guidance previously issued for employees hired on or after April 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions. Those employees are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.
Read more here.
POSTED OCTOBER 26, 2021
Request for Public Input on Form I-9 Remote Documentation Examination
Last year, due to the pandemic, the DHS relaxed the agency’s rules for examining the identity and work authorization documents in person, allowing a “virtual verification” of the documents by video, email, or fax followed by a physical inspection at a later time.
That flexibility has been popular with many employers, especially those who now routinely hire new associates to work remotely. Originally implemented for 60 days, virtual verification has been extended many times – currently till the end of 2021.
On October 25, 2021 the DHS posted a request for public input seeking feedback on allowing future remote document examination flexibilities. The public can submit comments until December 27, 2021. Click here to learn more and to submit a comment.
POSTED SEPTEMBER 1, 2021
DHS Further Extends Form I-9 Requirement Flexibility
The Department of Homeland Security (DHS) and U.S. Immigrations and Customs Enforcement (ICE) has announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
This temporary guidance was set to expire August 31, 2021. Because of ongoing precautions related to COVID-19, effective September 1, 2021 DHS has extended this policy again until December 31, 2021.
Please see ICE's past news release for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete section 2 of Form I-9.
POSTED JULY 23, 2021
Are You Ready for When Form I-9 Flexibility Ends?
This Form I-9 flexibility rule was initially set to expire on May 19, 2020, but, as the COVID-19 pandemic raged on, DHS extended the rule several times. Initially, the rule applied only to employers and workplaces that were operating entirely remotely, but the flexibilities were later extended to cover all employees working exclusively on a remote basis because of COVID-19. Under its most recent guidance, announced on May 26, 2021, DHS indicated that the flexibility rule would be extended through August 31, 2021.
Over the past months, many employers have used the Form I-9 flexibility rule to onboard employees who were initially hired to work on a remote basis or to re-verify incumbent employees working remotely. However, as the pandemic has subsided, many of those employees are now starting or resuming work at their employers’ regular offices and workplaces.
Employers should remember that, when these remote employees begin working non-remotely, the employer needs to follow up – within three days – to conduct the in-person document inspection. But what if an employee does not fully return to the regular workplace all at once, but instead “phases in” to a more regular routine? DHS has indicated that remote employees covered by the rule are temporarily exempt from the normal Form I-9 in-person inspection requirements “until they undertake non-remote work on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.” This does suggest that an employer’s obligation to do the physical inspection does not commence simply because the employee works non-remotely a single time or on isolated occasions.
Employers can do the in-person document inspections before they are legally required. The DHS has stated that the flexibilities “do not preclude employers from commencing, in their discretion, the in-person verification of identity and work authorization documentation” for employees initially verified remotely under the rule. In addition, unless the flexibility rule is extended again, it will expire on August 31, 2021. Employers will then have three days after that to complete the physical document inspections for every employee who was initially verified remotely, regardless of whether that employee is still working exclusively on a remote basis.
For this reason, employers who have taken advantage of the flexibility rule to verify their remote employees are encouraged to develop a plan now to make sure that those employees’ documents are physically inspected on a timely basis and that their Form I-9s are updated as required.
POSTED JUNE 15, 2021
Department of Homeland Security Extends Form I-9 Requirement Flexibility
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) has announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
This temporary guidance was set to expire May 31. Because of ongoing precautions related to COVID-19, DHS has extended this policy until August 31, 2021.
Since April 1, 2021, the requirement that employers inspect employees’ Form I-9 identity and employment eligibility documentation in-person applies only to those employees who physically report to work at a company location on any regular, consistent, or predictable basis.
Also, employers can use virtual verification (over video link, fax or email, etc.) for remote employees hired on or after April 1, 2021 as long as they work exclusively in a remote setting due to COVID-19-related precautions. They are temporarily exempt from the physical inspection requirements until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.
Please see ICE's past news release for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete section 2 of Form I-9.
POSTED APRIL 1, 2021
Department of Homeland Security Extends Form I-9 Requirement Flexibility And Announces New Guidance
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
This temporary guidance was set to expire March 31. Because of ongoing precautions related to COVID-19, DHS has extended this policy until May 31, 2021.
On March 31, 2021 new guidance was included that as of April 1, 2021 the requirement that employers inspect employees’ Form I-9 identify and employment eligibility documentation in-person applies only to those employees who physically report to work at a company location on any regular, consistent, or predictable basis.
Employers can use virtual verification (over video link, fax or email, etc.) for remote employees hired on or after April 1, 2021 as long as they work exclusively in a remote setting due to COVID-19-related precautions. They are temporarily exempt from the physical inspection requirements until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.
POSTED JANUARY 29, 2021
Department of Homeland Security Extends Form I-9 Requirement Flexibility
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
This temporary guidance was set to expire January 31. Because of ongoing precautions related to COVID-19, DHS has extended this policy until March 31, 2021.
On March 19, 2020, due to precautions implemented by employers and employees associated with COVID-19, DHS announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the Immigration and Nationality Act. This policy only applies to employers and workplaces that are operating remotely. If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification.
POSTED DECEMBER 28, 2020
Department of Homeland Security Extends Form I-9 Requirement Flexibility
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
This temporary guidance was set to expire December 31. Because of ongoing precautions related to COVID-19, DHS has extended this policy until January 31, 2021.
This provision only applies to employers and workplaces that are operating remotely. See the original news release for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.
FrankCrum will provide updates, but employers can check out the DHS and ICE websites for additional information about when the extensions end and normal operations resume.
E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire.
POSTED SEPTEMBER 16, 2020
Form I-9 Requirements Flexibility Extended for 60 Days
Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) will further extend Form I-9 flexibility for an additional 60 days. The expiration date for these accommodations is now Nov. 19, 2020. Read the recent announcement from the DHS here.
POSTED AUGUST 19, 2020
Form I-9 Requirements Flexibility Extended for 30 Days
Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) will further extend Form I-9 flexibility for an additional 30 days. The expiration date for these accommodations is now Sept. 19, 2020. Read the recent announcement from the DHS here.
See the original news release for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9. This provision only applies to employers and workplaces that are operating remotely. Click here for Form I-9 examples.
POSTED JULY 30, 2020
Form I-9 Requirements Flexibility Extended
Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) has decided to once again extend Form I-9 flexibility. The expiration date for this flexibility is now August 19, 2020.
This only applies to employers and workplaces that are operating remotely.
POSTED JUNE 26, 2020
Form I-9 Examples Related to Temporary COVID-19 Policies
The Department of Homeland Security (DHS) has provided examples of how to remotely inspect documents and then subsequently perform physical inspection. You are not required to update your Form I-9 based on these examples if there are differences. Read more here.
POSTED MAY 19, 2020
Form I-9 Requirements Flexibility Extended for 30 Days
In March, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
This temporary guidance was set to expire May 19. Because of ongoing precautions related to COVID-19, DHS has extended this policy for an additional 30 days. This provision only applies to employers and workplaces that are operating remotely.
POSTED MAY 5, 2020
Temporary Policy for List B Identity Documents
The Department of Homeland Security (DHS) has announced another temporary policy due to the COVID-19 pandemic. Previously announced was, that if a driver’s license or state ID expired on or after March 1, 2020, and the state has extended the document expiration date due to COVID-19, employers should enter the document’s expiration date in Section 2 under List B and enter, “COVID-19 EXT” in the Additional Information field. This remains the same.
What’s new is that if the state has not extended the expiration date, or maybe the extension has run out, employers may now treat these expired identity documents as receipts. In these cases, the employer should:
- Record the document information and write “COVID-19” in the additional information field
- Ask for a replacement document from the employee within 90 days after DHS terminates the temporary policy
- Enter the replacement document information in Section 2 and initial/date the change
If necessary, the employee may choose to present a different List A or List B document, and the employer would record the new document information in the Additional Information field.
New Form I-9 Mandatory May 1st
The US Citizenship and Immigration Services (USCIS), which is the part of the Department of Homeland Security (DHS) that oversees US citizenship and immigration, published the new Form I-9 at the end of January. Effective May 1, 2020, employers can only use the new version.
A new Form I-9 is never required for existing employees.
USCIS just released a revised M-274, Handbook for Employers: Guidance for Completing Form I-9, with expanded information on properly completing Form I-9, Employment Eligibility Verification.
POSTED APRIL 13, 2020
Driver's License and State ID Extension
The Department of Motor Vehicles (DMV) in many states have closed indefinitely due to the COVID-19 pandemic. As a result, many states are automatically extending qualifying driver's licenses and state IDs. Eligibility for an extension and the extension period varies by state. If the driver's license or state ID expired on or after March 1, 2020, and the state has extended the document expiration date due to COVID-19, then it is an acceptable List B (proof of identity) document for the Form I-9.
If an employee's state ID or driver's license is expired on its face but automatically extended by their state due to COVID-19, employers should enter the document's expiration date in Section 2 and enter "COVID-19 EXT" in the additional information field. Employers may also include a notice about the extension or a copy of the state DMV webpage.
Employers can confirm that their state has auto-extended the expiration date of state IDs and driver's licenses by checking the state Motor Vehicle Administration or Department of Motor Vehicle's website.
Questions and answers related to temporary policies for Form I-9 and E-Verify can be found here.
POSTED MARCH 25, 2020
E-Verify Extends Timeframes
E-Verify is extending the timeframe to take action to resolve the U.S. Department of Homeland Security (DHS) and Social Security Administration (SSA) Tentative Nonconfirmations (TNCs) in limited circumstances when an employee cannot resolve a TNC due to public or private office closures. You must notify the employee about their TNC result as soon as possible. Employers may not take any adverse action against an employee because the E-Verify case is in interim case status.
DHS Announces Flexibility in I-9 Requirements
The DHS has announced that it will exercise discretion to defer the physical presence requirements associated with Form I-9. Employers with employees taking physical proximity precautions due to COVID-19 will not be required to review documents in the employee’s physical presence.
Employers must inspect the documents remotely (email, fax, video link, etc.) and obtain, inspect, and retain copies of the documents within three business days. Employers should also enter COVID-19 as the reason for the physical inspection delay in the additional information field in Section 2 once physical inspection takes place after normal operations resume. Once the documents have been inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field or Section 3 as appropriate.
These provisions may be implemented for a period of 60 days from the DHS notice or within three business days after the termination of the national emergency, whichever comes first. This provision applies only to employers and workplaces that are operating remotely. Employers that avail themselves of this option must provide written documentation of their remote onboarding and telework policy.
