On August 1, 2023, U.S. Citizenship and Immigration Services (USCIS) will publish a revised version of Form I-9, Employment Eligibility Verification. Among the updates is a checkbox employers enrolled in E-Verify can use to indicate that they remotely examined identity and employment authorization documents under an alternative procedure authorized by the Department of Homeland Security (DHS) related to temporary COVID-19 flexibilities. Under the alternative procedure, the employer must examine and retain copies of documents and must conduct a live video interaction with the employee.
Employers who were participating in E-Verify and created a case for employees whose documents were examined during COVID-19 flexibilities (March 20, 2020, to July 31, 2023) may choose to use the new alternative procedure starting on August 1, 2023, to satisfy the physical document examination requirement by August 30, 2023. Employers who were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person physical examination by August 30, 2023, USCIS said.
In addition to the new checkbox, USCIS said the revised Form I-9:
- Reduces Sections 1 and 2 to a single-sided sheet;
- Is designed to be a fillable form on tablets and mobile devices;
- Moves the Section 1 Preparer/Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary;
- Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when rehire occurs or reverification is required;
- Revises the Lists of Acceptable Documents page to include some acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documentation; and
- Reduces instructions from 15 pages to 8 pages.
The revised Form I-9 (edition date 08/01/23) will be published on uscis.gov on August 1, 2023. The related USCIS notice is scheduled to be published in the Federal Register on July 25, 2023. USCIS said employers can use the current Form I-9 (edition date 10/21/19) through October 31, 2023. Starting November 1, 2023, all employers must use the new Form I-9.
Details:
- USCIS alert, July 21, 2023. https://www.uscis.gov/newsroom/alerts/uscis-to-publish-revised-form-i-9
- "Introduction of a New Version of Employment Eligibility Verification Form," USCIS Federal Register notice (advance copy, to be published July 25, 2023). https://public-inspection.federalregister.gov/2023-15667.pdf
- "Optional Alternative 1 to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9)," USCIS Federal Register notice (advance copy, to be published July 25, 2023). https://public-inspection.federalregister.gov/2023-15533.pdf
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