By Melany Savitt, Alan Perkins, Melina LaMorticella, and Turid Owren
On August 1, 2023, U.S. Citizenship and Immigration Services published for immediate use a new edition of Form I-9, which will become mandatory on November 1, 2023. Employers may use Form I-9 edition dates 08/01/2023 or 10/21/2019 through October 31, 2023.
The government also announced an alternative remote inspection process to examine I-9 identity and employment authorization documents for employees. For now, remote inspection will only be an option for employers who are E-Verify participants in good standing.
Below is a summary regarding the new Form I-9 and alternative remote inspection procedures:
New Changes to Form I-9
- Single page form
- Reduced instructions length
- Fillable via mobile devices
- Revised List of Acceptable Documents includes acceptable receipt notices and guidance (and links) on automatic extensions of work authorization
- Checkbox for remote document inspection (in specific permissible circumstances)
- Replaced use of “alien” with “noncitizen”
Alternative Remote Inspection Procedure – Key Points
- Available beginning August 1, 2023
- Optional and only available to employers enrolled in E-Verify and in good standing starting August 1, 2023
- Employee transmits identity and work authorization documentation to employer
- Employer examines documents via live video with employee
- Employer annotates Form I-9:
- If using edition 08/01/2023 -> check the box for remote document inspection
- If using edition 10/21/2019 -> write “Alternative Procedure” in the Additional Information field
- Employer retains copies of all documents examined remotely with employee’s Form I-9, as required under the E-Verify program
- Employer creates a case in E-Verify
REMINDER: DEADLINE APPROACHING, END OF COVID-19 FLEXIBILITY
August 30, 2023 is the deadline for employers to update Forms I-9 for employees hired using remote examination during the COVID-19 flexibility period (March 20, 2020 until July 31, 2023). There are two options for compliance:
- E-Verify employers in good standing can use the new procedure above provided the employer:
a. was enrolled in E-Verify at the time of remote examination of employee’s Form I-9 documentation;
b. created an E-Verify case at that time; and
c. timing of remote examination was between March 20, 2020 and July 31, 2023. - Employers not enrolled in E-Verify must complete an in-person physical examination of identity and employment authorization documents by August 30, 2023. Please see our news alert here.
This client alert is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have any questions regarding this update, or for more information about this topic, please contact any of the attorneys in our Immigration Practice Group, or the attorney with whom you normally consult.
