Updated Form I-9 & Remote Verification Procedures
Updated Form I-9:
The USCIS will be releasing a new Form I-9 on August 1, 2023. The prior version of the form was released in October 2019 and will continue to be effective through October 2023. After that date, the only form that can be utilized for verifications is the August 1, 2023 version.
ExponentHR is aware of the new version of the Form I-9 and is updating the Onboarding tool ahead of the November 1, 2023 deadline.
What’s New?
Section 1 (Preparer/Translator Certification) is now a separate document (Supplement A) for employers to provide employees when needed.
Section 3 (Reverification and Rehire) is now a separate document (Supplement B) for the employer's re-verification needs.
Section 1 has been updated to 'noncitizen authorized to work' instead of 'alien authorized to work.’
The Lists of Acceptable Documents page now covers acceptable receipts and offers guidance with links on automatic extensions of employment authorization documents.
A box has been added that qualified employers* need to check if the Form I-9 documentation was examined using the new alternative verification procedure.
* Qualified employers are those that are participants in good standing in federal E-Verify. Employers are in good standing if all the following are true:
The employer is enrolled in E-Verify for all hiring sites in the United States that use the alternative procedure.
The employer is compliant with all E-Verify program requirements.
The employer continues to be enrolled in E-Verify and in good standing at any time when they use the alternative procedure.
“Alternate Procedure” for Remote Document Verifications:
Starting August 1, 2023, qualified employers can remotely verify Form I-9 documentation for all employees hired. The alternative procedure outlined by USCIS must be followed for remote verification.
If the alternative procedure is offered at a specific hiring site, it must be made available to all employees at that location. An exception exists for employers who wish to use the alternative procedure solely for remote employees and perform in-person verification for onsite and hybrid employees. However, it is essential to avoid selecting verification methods based on protected characteristics such as citizenship, immigration status, national origin, or any other protected characteristic.
Below are the steps to completing the Alternate Procedure:
Ensure your organization participates in E-Verify. As stated above, the alternate procedure is to be used by E-Verify enrollees only.
Examine digital copies of Form I-9 documents or acceptable receipts for authenticity, including both sides if two-sided.
Conduct live video meetings with the employee and verify the documents' authenticity. Employees must produce the same documents during the meeting that were sent to the employer.
Mark "alternative procedure" on Form I-9 (Rev. 08/01/23) for Section 2 or reverification.
If you are still using the older form (Rev. 10/21/19), note "alternative procedure" in the Additional Information field of Section 2.
Keep legible copies of all employee documents for Form I-9, regardless of list category (A, B, or C).
Note: If an employee does not consent to the new alternative procedure, the employer will need to conduct an in-person verification of the Form I-9 documents. This could occur if an employee does not feel comfortable transmitting their sensitive information electronically, especially if the employer has not provided a secure method.