Update Applicable to:

All employers

What happened?

The U.S. Department of Homeland Security’s Citizenship and Immigration Services (USCIS) has announced the upcoming release of an updated Form I-9, used by employers to verify the identity and work authorization of their employees. The new form will be available from August 1^st.

What are the details?

Along with the announcement of the upcoming updated Form I-9 release, the agency has issued a final rule that allows the secretary of homeland security to authorize “alternative document examination procedures” as an option to in-person, physical review by employers.

Furthermore, U.S. Immigration and Customs Enforcement (ICE) has published a separate document stating that one such alternative process will be permitted, allowing E-Verify participant employers in good standing to conduct remote documentation and verification via live video with employees. This alternative process will also be accessible to eligible employers starting August 1^st.

The updated Form I-9 will include a box for employers to check if they are using an alternative procedure, and the previous version of the form will continue to be accepted until October 31^st, 2023.

USCIS’s final rule creates a framework that enables the agency to implement permanent flexibilities under specific conditions, pilot alternative procedures, or respond to emergencies similar to the COVID-19 pandemic.

This announcement is part of a follow up from the DHS as their previous policy that temporarily allowed remote verification is set to expire on July 31^st, as we are all aware.

For more information, please see the links below:

Legal HR Update Article

Federal Register Document Regarding New Form I-9

Federal Register Document Regarding New Remote Verification for E-Verify

USCIS Announcement Including Changelog to Form I-9

What do employers need to do?

Employers may continue using the old Form I-9 until October 31^st, 2023, after which they must use the revised form starting on November 1^st.

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