On July 21, 2023 federal immigration agencies authorized an optional alternative procedure to in-person physical examination of documents presented for the purpose of completing the Form I-9.
The new Form I-9 will be available August 1, 2023, and eligible employers may use the alternative procedure that same day. Starting on August 1, 2023, employers may download the new Form I-9 (Rev. 08/01/23) from the USCIS Website at www.uscis.gov/i-9.
The optional alternative procedure can be used to fulfill the requirement to re-verify Form I-9s that were previously reviewed remotely. The same procedure can also be used for first-time verification of employees hired after August 1, 2023.
The alternative procedure allows employers to verify documentation via live video with employees once employees have transmitted their documents to the employer for review. At this time, the alternative procedure is available only to those employers who are participants in good standing in E-Verify.
The procedure can be used for reverification of previously virtually verified documentation if the employer:
- Was enrolled in E-Verify at time of remote examination of the employee’s Form I-9 while using the COVID-19 flexibilities,
- Created an E-Verify case for that employee; and
- Performed remote inspection between March 20, 2020 and July 31, 2023.
The Department of Homeland Security’s announcement provides step-by-step instructions on the alternative option and Frequently Asked Questions.
The prior version of Form I-9 (Rev. 10/21/19) continues to be effective through October 31, 2023. Employers do not need to complete the new Form I-9 (Rev. 08/01/23) for current employees who already have a properly completed Form I-9 on file.
Have any questions about the changing Form I-9 landscape? Don’t worry – we’re here to help!
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