Since March 2020, U.S. Immigration and Customs Enforcement (ICE) has made multiple modifications to the Form I-9, Employment Eligibility Verification requirements in response to the COVID-19 pandemic. However, these COVID-19 flexibilities came to an end on July 31, with a grace period extending through August 30.

On July 21, 2023, the Department of Homeland Security (DHS) issued a final rule in the Federal Register, acknowledging the conclusion of temporary COVID-19 flexibilities by July 31. This rule grants DHS the authority to authorize optional alternatives for employers to remotely examine Form I-9 documentation and complete Form I-9 under specific conditions. A revised Form I-9 with the version date "(Rev. 08/01/23)" became effective on August 1, 2023.

Remote Document Verification

The Federal Register announcement introduces an alternative for certain employers to remotely examine Form I-9 documents, replacing the previous in-person requirement. To utilize this DHS-authorized alternative procedure for remote document examination, employers must be enrolled in E-Verify, retain copies of all documents, conduct a live video interaction with the employee, and create an E-Verify case for new hires.

Employers who used E-Verify and created cases for employees under COVID-19 flexibilities (from March 20, 2020, to July 31, 2023) have the option to use the new alternative procedure from 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 perform an in-person physical examination by August 30, 2023.

It's important to emphasize that this remote option applies only to hires covered by the "COVID-era flexibilities" in place during I-9 completion/inspection.

New Form I-9

The updated Form I-9 brings several significant changes, including a checkbox that E-Verify-enrolled employers can use to indicate they remotely examined identity and employment authorization documents under the DHS-authorized alternative procedure mentioned above.

The revised Form I-9:

• Condenses Sections 1 and 2 onto a single-sided sheet.
• Is designed for easy filling on tablets and mobile devices.
• Moves the Section 1 Preparer/Translator Certification to a separate supplement that employers can provide when needed.
• Moves Section 3, Reverification and Rehire, to a separate supplement for use during rehire or reverification.
• Updates the Lists of Acceptable Documents page to include certain acceptable receipts and guidance on automatic extensions.
• Shortens form instructions from 15 to 8 pages.
• Includes a checkbox for employers to confirm remote examination under the DHS-authorized alternative procedure.

Employers can use the current Form I-9 (edition date 10/21/19) until October 31, 2023. Starting November 1, 2023, all employers must transition to using the new Form I-9.

Please contact GC Ungo if you have any questions regarding Immigration Compliance and I-9 Form, Employment Eligibilty Verification