DHS to Issue New Version of Form I-9 and Allow Certain E-Verify Employers to Remotely Examine I-9 Documents

By: Gladys Gervacio

Introduction 

On July 21, 2023, U.S Citizenship and Immigration Services (USCIS) announced that it will issue a new version of Form I-9 (Employment Eligibility Verification) with edition date of August 1, 2023. Form I-9 is used by employers to authenticate the identity and employment authorization of their employees.

On the same day, the Department of Homeland Security (DHS) announced a final rule ending the COVID-19 flexibilities by July 31, 2023, and issued a notice providing an alternative process for remote verification of I-9 documents for qualified E-Verify employers.

New Version of Form I-9

Starting August 1, 2023, employers may begin using the new edition of Form I-9. This version is meant to be easier to complete for both employers and employees. It also provides clearer instructions on acceptable receipts and guidance on the auto-extension of certain employment authorization documents.

The 2019 version of Form I-9 may be used until October 31, 2023. Beginning November 1, 2023, employers are required to use the August 1, 2023 version.

Remote Verification for E-Verify Employers

The new remote verification process for E-Verify employers is an alternative to the in-person physical examination of Form I-9 documents.

To qualify for remote examination of Form I-9 documents starting August 1, 2023, employers must: 

1. Enroll in E-Verify – if you are already enrolled and in good standing, you are set to go.
2. Remotely examine employee’s Form I-9 documents electronically and via live video.
3. Retain copies of all documents examined remotely with the employee’s Form I-9.
4. Create a case with E-Verify if the employee is a new hire.

E-Verify employers in good standing who remotely examined I-9 documents during the COVID-19 flexibility period (March 20, 2020 until July 31, 2023) have the option of using this new alternative process starting August 1, 2023 or the current requirement of in-person physical examination of I-9 documents by August 30, 2023.

Employers who were not enrolled in E-Verify during the COVID-19 flexibility period are not eligible to use this new process and should complete their in-person verification by August 30, 2023.

DHS's new alternative process for E-Verify employers is optional. E-Verify employers may continue its in-person physical verification of I-9 documents.

Conclusion 

For any questions or assistance regarding the newest version of Form I-9 (Employment Eligibility Verification), please contact your trusted Chugh, LLP immigration professionals.