Last Updated on July 23, 2023

The Department of Homeland Security (DHS) made a significant announcement on July 21, 2023 regarding changes to the Form I-9, Employment Eligibility Verification. Starting August 1, a revised version of the form will be published, which aims to streamline and shorten the process. In addition, a final rule allowing remote verification of employment eligibility documents by qualified employers will be published in the Federal Register on July 25, 2023.

For several decades, employers have been required to physically examine the documentation of new hires. However, due to the COVID-19 pandemic, DHS temporarily allowed employers flexibility in remotely inspecting Form I-9 documents. This measure was taken to accommodate the need for employees to work remotely and limit physical contact. As previously announced in May, this flexibility will come to an end on July 31.

Employers who utilized the temporary flexibility to remotely examine employee documents must ensure that they physically examine those documents in person by August 30. Nevertheless, qualified employers, those participating in E-Verify and who created an E-Verify case for employees whose documents were examined during the COVID-19 flexibilities, will have a new option available to them beginning August 1. They can use the new remote option to fulfill the employment eligibility verification requirement.

Requirements to Participate In Remote Verification

To participate in the remote examination of Form I-9 documents under the DHS-authorized alternative procedure, employers must meet the following criteria:

• Be enrolled in E-Verify.
• Examine and retain copies of all documents.
• Conduct a live video interaction with the employee.
• Create an E-Verify case if the employee is a new hire.

The revised Form I-9 has been modified to reduce Sections 1 and 2 into a single-sided sheet. The form has been designed to be easily filled out on tablets and mobile devices, making the process more accessible and user-friendly. Furthermore, the list of acceptable documents has been updated to include some acceptable receipts, and it now provides guidance and links to information on automatic extensions of employment authorization documentation. Perhaps the most significant addition to the revised form is a check box that allows employers to indicate they examined Form I-9 documentation remotely under a DHS-authorized alternative procedure. This check box will help keep track of the verification process.

Overall, these updates to the Form I-9 and the introduction of the remote employment eligibility verification option mark an important step forward for employers and employees alike. The changes not only streamline the verification process but also take into account the evolving needs of the workforce, making it easier for both employers and employees to comply with the necessary requirements while maintaining safety and efficiency.

MyHRConcierge and MyHRScreens Can Help You Navigate Through the I-9 and Remote Employment Eligibility Changes

Have questions about the changes to the Form I-9 and remote verification rule? Contact MyHRConcierge at 855-538-6947 ext 108, ccooley@myhrconcierge.com or schedule an appointment below to learn more.

If you need assistance performing E-verify on your employees, contact MyHRScreens at 866-899-8970 ext 118 or klewis@myhrscreens.com.