The Department of Homeland Security (DHS) introduced a new final rule, allowing some employers to continue verifying their employees’ Form I-9 documents remotely. This rule makes permanent the flexibility that was initially implemented during the COVID-19 pandemic allowing for remote verification of employment documents.

Scheduled to be published in the Federal Register on July 25 and effective from August 1, the new rule will exclusively apply to workers hired after its effective date. Under this regulation, employers must use E-Verify to compare the information on an employee’s I-9 form with the records DHS has on file.

To ensure compliance, employers will be required to maintain “clear and legible copies” of all documents submitted by employees for the I-9 employment eligibility verification form. These documents include social security cards, passports, driver’s licenses, or permanent resident cards, which may be subject to audit by DHS.

DHS suspended the in-person review requirement in March 2020 at the onset of the pandemic, allowing remote verification since then. However, in October, they announced the termination of the COVID-19 temporary flexibilities by July 31. Employers were initially required to complete physical inspections of identity and employment eligibility documents for workers hired remotely during the pandemic by that date. Later, in May, DHS extended the deadline for such verifications to August 30.

However, employers enrolled in E-Verify will be exempt from this requirement, thanks to the new regulation. Other employers who are not part of the E-Verify program will still need to complete physical document examinations by the end of August.

The alternative verification method for Form I-9 will be accessible to employers enrolled in the E-Verify program and in good standing. Employers using the alternative method must conduct video interviews with their employees as part of the document verification process. Additionally, U.S. Citizenship and Immigration Services (USCIS) announced an updated I-9 form.

The updated Form I-9 introduces several notable changes to enhance user-friendliness and efficiency, including:

  • Streamlines Sections 1 and 2 into a single-sided sheet for ease of use.
  • The form is now fillable on tablets and mobile devices, allowing for digital completion.
  • The Section 1 Preparer/Translator Certification is moved to a separate, standalone supplement that employers can provide when needed.
  • Section 3, covering Reverification and Rehire, is now available as a standalone supplement for printing when rehiring or re-verification is necessary.
  • The Lists of Acceptable Documents page has been revised to include acceptable receipts and additional guidance, along with links to information on automatic extensions of employment authorization documentation.
  • Form instructions have been condensed from 15 pages to 8 pages, simplifying the process for employers.
  • A new checkbox is included, allowing employers to indicate that they examined Form I-9 documentation remotely using a DHS-authorized alternative procedure, rather than through physical examination.

The revised Form I-9, edition date 08/01/23, will be accessible on the USCIS official website starting August 1, 2023. Employers can continue using the current Form I-9, edition date 10/21/19, until October 31, 2023. From November 1, 2023, onward, all employers must transition to using the new Form I-9 for their verification processes.

If you have questions about employment verification or any immigration-related issue, contact us at ILBSG. We actively monitor ongoing updates to ensure our clients get the right advice.

dhs Form I-9 Verification of Employment Documents