New Form I-9 and Final Rule on Remote Examination of I-9 Documents

The United States Citizenship and Immigration Services (USCIS) announced a new Form I-9 that employers should begin to use August 1, 2023. The new form is shorter and more streamlined, reducing Sections 1 and 2 to a single-sided sheet, and moves Section 1 Preparer/Translator Certification and Section 3 Reverification and Rehire to standalone supplements that employers can print when needed. The new form is designed to be a fillable form on tablets and mobile devices and includes a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a Department of Homeland Security authorized alternative procedure rather than via physical examination.

The new form will not become available to download until August 1, 2023. Employers may continue to use the older Form I-9 through October 31, 2023. Using the old form after October 31, 2023, may subject an employer to penalties. We will put out a separate blog post with the new version when it becomes available on August 1, 2023.

Additionally, the Department of Homeland Security (DHS) issued a final rule allowing employers to implement an alternative document examination procedure, including remote document examination. The final rule only allows employers who use E-Verify and who are in good standing to implement a remote examination of Form I-9 documents. Employers who remotely examine I-9 documents must examine and retain copies of all documents, conduct a live video interaction with the employee, and create an E-Verify case if the employee is a new hire.

Employers who participated in E-Verify and created a case for employees whose documents were examined during COVID-19 flexibilities (March 20, 2020 to July 31, 2023), may choose to use the new alternative procedure starting on August 1, 2023 to satisfy the physical document examination requirement by August 30, 2023. Employers who were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person physical examination by August 30, 2023.

For questions about the new Form I-9 or any other labor and employment law topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac.  To stay updated on key labor and employment law developments that affect your workplace, be sure to subscribe to this blog and follow us on social media!