New Form I-9 Coming August 1st
DHS has published a Federal Register notice to announce the introduction of the new version of the Form I-9. The new version of the Form I-9 will be available for use August 1, 2023, 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.
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 new Form I-9 and supplements will be available here.
Remote Verification for E-Verify Employers
DHS has also 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 more permanent remote examinations for more employers in the future.
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.
FrankCrum can assist your Company and become your designated employer agent for E-Verify. Alternatively, an employer may enroll with E-Verify directly and process your new hire verifications in-house without cost to you. To learn more about this FrankCrum service, and should you have any questions, please do not hesitate to contact us at BAE-Verify@frankcrum.com.
If an E-Verify employer wishes to follow the new flexible procedures for remote verification (instead of in-person verification):
- Applicant (post-offer) or Employee copies or photographs their I-9 supporting documents (front and back) and emails them to the employer (or via another transmission form).
- Employer examines the documents to see if they reasonably appear to be genuine.
- Employer conducts a live video interaction (Zoom, FaceTime, etc.) to ensure that the documentation reasonably relates to them. The same documents previously transmitted to the employer must be presented during the live interaction.
- Employer marks the alternative procedure box of the new I-9 form for new employees hired on or after August 1, 2023.
- Employer retains the supporting documents (paper or digital) and attaches them to the I-9 (E-Verify employer must now copy and retain all List A, or List B and C documents).
COVID Form I-9 Flexibility
The Form I-9 flexibilities due to COVID-19 will end on July 31, 2023, as planned.
- Employers who were enrolled in E-Verify and created an E-Verify case for employees whose documents were remotely examined during the COVID pandemic may now choose to use the new alternative live video procedure starting on August 1, 2023, to satisfy the physical document examination requirement by August 30, 2023. Employers must notate “alternative procedure” with the date of video examination in the Additional Information Box on Page 2 of the older version I-9. The employer should not create a new E-Verify case. E-Verify employers hiring remote employees on or after August 1, 2023, should use the new I-9 form and designate the alternative procedure.
- Employers who were not enrolled in E-Verify during the COVID flexibilities must complete an in-person physical examination by August 30, 2023, for any employees hired during the pandemic whose documents were remotely examined.
We anticipate that there will be additional guidance issued in the near future.