Published on July 24, 2023

U.S. Department of Homeland Security (DHS) recently announced that a revised version of the Form I-9 will be published on August 1, 2023. Employers who are enrolled in E-Verify and are in good standing with the program will have the option to verify Form I-9 documents electronically, rather than examining the documents in person. Qualified employers will be permitted to rely on the alternative remote verification procedure starting August 1st.  Employers will be required to indicate on the new Form I-9 whether they used the alternative remote procedure to examine the Form I-9 related documents.

Qualified employers who choose to use the alternative procedure will be required to do the following:

1. Electronically examine the front and back copy of the Form I-9 document(s) provided by the employee;
2. Conduct a live video interaction with the employee who is presenting the document(s);
3. Indicate on the Form I-9 that an alternative procedure was used to examine the documentation; and
4. Retain a clear and legible copy of the documentation.

An employer who was participating in E-Verify during the implementation of the COVID-19 temporary flexibilities may use this alternative procedure to satisfy the requirement to physically examine the Form I-9 documents by August 30, 2023, if the employer was enrolled in E-Verify at the time they performed the remote examination of the employee’s Form I-9 documentation, created an E-Verify case for that employee (except in the case of reverification), and completed the remote inspection between March 20, 2020, and July 31, 2023.

Employers who were not enrolled in E-Verify at the time they initially performed the remote examination of an employee’s documents under the COVID-19 flexibilities have until August 30, 2023, to perform the required physical examination of identity and employment authorization documents.

The immigration attorneys at Ryan Swanson are available to assist with questions about the new guidance or your company’s I-9 compliance.