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The USCIS Announced New Form I-9 and Alternative Examination Process

31 Jul


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 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:

New Form I-9

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 31st, 2023, after which they must use the revised form starting on November 1st.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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