DHS Announces the Release of a New Form I-9 and a Remote Verification Option for Certain Employers

On July 21, 2023, U.S. Citizenship and Immigration Services (USCIS) made an announcement that would significantly impact employers and their hiring processes: the temporary COVID-19 flexibilities would end on August 1, 2023.

In addition to the USCIS's release of the revised Form I-9, Employment Eligibility Verification, the U.S. The Department of Homeland Security (DHS) unveiled a final rule that establishes an optional remote procedure for certain employers to complete the I-9 verification process. This new alternative procedure, which allows for live video verification, is set to take effect on August 1, 2023, revolutionizing the way employers verify their employees' eligibility to work in the United States.

1. USCIS will release a revised Form I-9 on August 1, 2023.
2. DHS announced a final rule that will provide certain employers with an optional remote employment verification procedure.
3. The new rule will offer a remote means of examining I-9 documentation and completing the Form I-9 for qualifying employers.
   

USCIS has outlined specific requirements that employers must meet to be eligible for the alternative procedure.

To qualify, employers must:

1. Be enrolled in E-Verify and remain in good standing and compliance with all E-Verify program requirements.
2. Complete an E-Verify training as part of the enrollment process.
3. Use the alternative procedure consistently for all employees at a given worksite or only for remote employees, ensuring non-discriminatory practices based on citizenship, immigration status, or national origin.
   

Employers who previously utilized remote COVID-19 document examination flexibilities may adopt the alternative procedure beginning August 1, 2023, to meet the current physical examination requirements by the August 30, 2023, deadline. These employers must ensure the following:

1. They were enrolled in E-Verify at the time of the remote examination.
2. They created an E-Verify case for the employee (except for reverification).
3. The remote inspection occurred between March 20, 2020, and July 31, 2023.

Employers must indicate their use of the alternative procedure and the date of the live video interaction in the appropriate section of Form I-9.

The revised Form I-9 is designed to be more user-friendly, allowing completion on tablets and mobile devices. With a reduced length of a single-sided sheet and eight pages of instructions (down from fifteen pages), the new form streamlines the verification process. USCIS has also updated the Lists of Acceptable Documents page, incorporating certain receipt notices and guidance on automatic extensions of Employment Authorization Documents (EADs).