Federal Law Alert – New Form I-9 Verification Procedure

A new Form I-9 (Rev. 08/01/23) will be available for employers to use on or after August 1, 2023, and once released can be found on the USCIS website. Employers can also order paper copies if they don’t want to use the electronic version. The version date (noted above) can be found on the bottom corner of the Form I-9.

The prior Form I-9 (Rev.10/21/19) continues to be effective through October 31, 2023. Beginning November 1, 2023, only the Form I-9 (Rev. 08/01/23) will be accepted. Employers should not complete the new Form I-9 (Rev. 08/01/23) for current employees who already have a properly completed Form I-9 on file,unless reverification applies after October 31, 2023.

Changes to Form I-9 include:

• Section 1 – Preparer/Translator Certification is now a standalone document (Supplement A) that employers can provide to employees when necessary.
• Section 3 – Reverification and Rehire is now a standalone document (Supplement B) that employers can use if reverification is required.
• The Form I-9 can now be completed on tablets and mobile devices as well as downloaded.
• The Lists of Acceptable Documents page now includes acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documents.
• A box has been added that eligible employers need to check if the Form I-9 documentation was examined using the new alternative verification procedure.

By November 1, 2023, employers must ensure use of Form I-9 (Rev 08/01/23) for all new hires and reverifications.

Remote Verification – “Alternative Procedure” for Form 1-9 Verification

Qualified employers are allowed to conduct Form 1-9 remote documentation verification for any employee hired on or after August 1, 2023. Employers must follow specific steps to remotely verify Form I-9 documents – USCIS has dubbed this the “alternative procedure.”

If an employer offers the alternative procedure at a particular hiring site, it needs to be offered to all employees at that site. There is an exception if employers want to offer the alternative procedure only to remote employees and do in-person inspection for onsite and hybrid employees. Employers can’t choose when to use remote or in-person verification based on a person’s or group of employees’ citizenship or immigration status, national origin, or any other protected characteristic.

Qualified employers are those that are participants in good standing in federal E-Verify. Employers are considered to be in good standing if all of the following items are true:

• The employer has 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.

An employer must take the following alternative procedure steps within three business days of an employee’s first day of employment:

1. Receive and examine copies of the employee’s Form I-9 documents and determine if the documents appear to be genuine. If the documents are two-sided, employers need to examine both the front and back.
2. Conduct a live video meeting with the employee. The employee needs to bring the same documents that they sent to the employer so the employer can ensure that they reasonably appear to be genuine and related to the employee.
3. Check the box on Form I-9 (Rev. 08/01/23) that an “alternative procedure” was used to examine documentation to complete Section 2 or reverification. If an employer is using the old form (Rev. 10/21/19) they should write “alternative procedure” in the Additional Information field in Section 2.
4. Retain clear and legible copies of all documents that the employee sent to complete Form I-9 regardless of whether the documents are from List A, B or C.

Employers cannot require employees to use the alternative procedure if they do not want to and will need to perform an in-person examination for those unable or unwilling to participate in the remote verification process. This could arise when new employees don’t have access to the necessary technology or are uncomfortable transmitting sensitive personal information electronically, particularly if the employer hasn’t provided a secure way for them to do so.

SDP payroll professionals are available to assist our clients with Form I-9 questions. To get started or learn more about SDP’s payroll solutions, simply contact us today.

And, for more information about Southland Data Processing, call us today at 909.946.2032. Or, click here and Let’s Talk!

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*Southland Data Processing, Inc. (“SDP”) is not a law firm. This article is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other SDP materials does not create an attorney-client relationship. SDP is not responsible for any inadvertent errors that may occur in the publishing process.