Understanding and Implementing the Newly Released I-9 Changes: A Guide for Employers

In the ever-evolving landscape of employment legislation and requirements, keeping abreast of the latest changes is crucial for every business. Especially over the last few years, legislation surrounding employee onboarding has undergone significant transformation, placing new demands on employers. One such critical modification involves the I-9 form - a crucial aspect of the onboarding process in the United States.

The U.S. Department of Homeland Security (DHS) announced considerable revisions to the I-9 form on July 21, 2023, and provided further clarification on August 1, 2023. These amendments have far-reaching implications for employers nationwide.

Understanding the New Form I-9

A revised version of the I-9 form will be introduced on August 1, 2023. Employers can begin utilizing this new version upon its release, but it becomes compulsory to adopt this new format starting from November 1, 2023.

The key modifications in this updated form include:

• Consolidation of Sections 1 and 2 onto a single page.
• Relocation of the Preparer/Translator and Reverification/Rehire sections to Supplement A and B forms, respectively.
• Reduction of instructions from 15 to eight pages.
• Consolidation of certain data fields, including employer address, into a single field.
• Terminology changes, like replacing "alien" with "noncitizen."
• Elimination of the requirement for employees to fill out every field in Section
• Employees can now mark "N/A" for fields that do not apply to them.

Transition to Remote I-9 Verification

DHS has also established an “Alternative Process” for remotely inspecting employee I-9 documents. Effective from August 1, 2023, this process enables employers to satisfy the document inspection standard without needing to physically examine the documents in-person.

To carry out this alternative procedure, the following steps are necessary:

• The employee sends copies of their Section 2 documents to the employer.
• The employer reviews these documents.
• The employer and the employee engage in a “video interaction,” during which the employee presents these documents to the employer.
• The employer indicates on Section 2 of the new I-9 form that the alternative procedure was used for document verification.
• Clear and readable copies of all employee documents are retained with the I-9.
• The employer initiates an E-Verify case for final validation of the employee.

However, certain conditions limit when this alternative procedure can be implemented:

• Employers must be registered and maintain good standing with E-Verify.
• This procedure must be extended to all employees at E-Verify hiring sites, or applied to all remote and hybrid employees without discrimination.
• Employers cannot mandate remote verification; employees should have the option to choose in-person verification.

Navigating Post-COVID-19 Flexibility

By August 30, 2023, employers are required to physically inspect any employee I-9 documents that were previously verified remotely under COVID-19 Temporary Flexibility Rules. Employers may use a slightly altered version of the new alternative procedure, provided they had originally opened an E-Verify case for the employee during the remote inspection at the time of hiring. Instead of marking a box on a new I-9, the employer must update the existing employee I-9 by noting that the “alternative process” was utilized, and adding the date of the video interaction in the “Additional Information” field.

Guidance and Resources

To assist with understanding and implementing these changes, we are arranging a webinar that will provide an in-depth analysis of the alterations. This webinar will discuss the new I-9 changes, the novel alternative document verification process, and the requirements for I-9s that were completed using the relaxed COVID-19 standards.

We have also compiled a list of government resources that offer detailed information about these new requirements. Our Human Resources team is available to answer any queries you might have regarding these changes.

References:

• USCIS I-9 released 8.1.2023
• USCIS Downloads and Instructions for I-9
• DHS Alternative to Physical Document Review I-9 Docket
• E-Verify Outline of new Requirements
• USCIS Outline of Temp Policies and Expiration Requirements
• USCIS Relaxed Standards Expiration
• USCIS Outline of Reverification Process

At Applied Business Solutions, we are dedicated to ensuring a seamless transition for you amidst these changes. For any further queries or assistance, please contact our Human Resources Team at [email protected]. Your continued trust in our services is greatly appreciated.