Update Applicable to:
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 1st.
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 1st.
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 31st, 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 31st, as we are all aware.
For more information, please see the links below:
What do employers need to do?
Employers may continue using the old Form I-9 until October 31st, 2023, after which they must use the revised form starting on November 1st.
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