USCIS and DHS Announces Revisions to Form I-9 and Remote Examinations
We have big news to share with you today! This past Friday, U.S. Citizenship and Immigration Services (USCIS) announced a monumental decision regarding Form I-9 and remote inspections. On August 1st, 2023, USCIS will publish a revised version of Form I-9, Employment Eligibility Verification.
The purpose of Form I-9 is to document that each new employee is authorized to work in the United States. USCIS made several user-friendly improvements to the form, including:
- The addition of a checkbox for employers to indicate remote examination under the DHS-authorized alternative procedure instead of a physical examination;
- Reduced Sections 1 & 2 to a single-sided sheet;
- Redesigned the form to be fillable on tablets and mobile devices;
- Revised the Lists of Acceptable Documents page to include some acceptable receipts as well as guidance on automatic extensions of employment authorization documentation;
- Reduced form instructions from 15 pages to 8 pages;
- Separated the Section 1 Preparer/Translator Certification area into a standalone supplement for ease of use; and
- Moved Section 3 Reverification and Rehire to another standalone supplement for better organization.
Additionally, the Department of Homeland Security will now allow certain employers enrolled in E-Verify the option to remotely examine their employees’ identity and employment authorization documents, eliminating the requirement for in-person examinations. To participate in this remote examination alternative, employers must be enrolled in E-Verify, retain all copies of documents, conduct a live video interaction with the employee, and create an E-Verify case if the employee is a new hire.
Employers who were participating in E-Verify during the COVID-19 flexibilities (March 20, 2020 to July 31, 2023) can choose to use the new alternative procedure starting on August 1, 2023, to meet the physical document examination requirement by August 30, 2023. Unfortunately, employers who were NOT enrolled in E-Verify during that period must still complete in-person physical examinations by the same date.
This is a major update for businesses, providing a streamlined process to enhance flexibility in employment eligibility verification. We warmly welcome any and all questions, just contact our office today!