With remote work now the norm for many businesses, the need for an updated I-9 and employment verification process has never been higher. Recognizing this, the U.S. Citizenship and Immigration Services (USCIS) has introduced new updates to the Form I-9, making remote hiring and employment verification easier than ever. The new version of the I-9 was released on August 1st and get this…it’s only 1-Page and it’s in fillable format—three cheers for that! In addition to this good news, here are some other important I-9 compliance updates you need to know.
1. Employers enrolled in E-Verify are now able to review IDs virtually! There is a checkbox on the new I-9 that you must select to indicate that your company is enrolled in the E-Verify program. To be eligible to complete an I-9 remotely under the new rules, employers must:
• Be enrolled in E-Verify prior to 7/31/2023
• Examine and retain copies of ALL identification documents (List A, B, & C)
• Conduct a live, virtual interaction with the employee
• Create an E-Verify case for all new hires
If you meet the above criteria and completed I-9s virtually from 03/02/2020 – 07/31/2023, you will need to go back and obtain a copy of each employee’s identification (if you don’t already have them). In the Additional Information box, you must write: “Alternative Procedure” with the date that you obtain the copies of the IDs. These IDs must be obtained and stored before 08/30/2023. If an employee is no longer employed and their I-9 has not passed the purge date, you should create a memo and store it with the I-9.
2. If you didn’t enroll in E-Verify before 07/31/2023, you still have to inspect IDs in-person. The deadline to complete these inspections is 08/30/2023.
3. Receipts are now an approved substitute for replacement documents. This means if an employee produces a receipt showing they have ordered a replacement List A, B, or C document, you’re allowed to consider the receipt as an acceptable form of documentation.
4. You must demonstrate consistency with how you view I-9s for employees. For example, if you will view documents virtually for remote employees and in-person for employees working in the office, you must be consistent with this across the board.
5. The previous version of the I-9 is valid through October 31st, 2023. After this point you must be using the new version of the form that was released on August 1st, 2023; this new version is valid through July 31st, 2026.
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