Note: This post was updated after the complete rule was published in the Federal Register on July 25, 2023, and allowed for a more streamlined procedure for E-Verify employers.
On July 21, 2023, the U.S. Department of Homeland Security (DHS) released news that on August 1, 2023, it will publish a revised version of Form I-9. The form will have a checkbox for employers enrolled in E-Verify. If an employer is enrolled in the E-Verify program, it can use the checkbox to indicate the employer remotely examined identity and employment authorization documents under an alternative procedure authorized by the DHS. The complete rule was published in the Federal Register on Tuesday, July 25, 2023.
If the following three conditions were met at the time the employee was hired, the employer need not conduct an in-person verification for I-9 documents for employees hired between March 20, 2020, and July 31, 2023.
· The employer was enrolled in E-Verify in good standing at the time they performed a remote examination of an employee's Form I–9 documentation for Section 2 or reverification.
· The employer used E-Verify to create a case for that employee (except for reverification) at the time.
· The employer followed steps 1 and 2 at the time the form was completed between March 20, 2020, and July 31, 2023.
Employers that meet all three conditions must change the original I-9 form completed between March 20, 2020, and July 31, 2023. If the I-9 was filled out for a newly hired employee during that time, the employer must now add “alternative procedure” plus the date of the original live video examination to the Section 2 Additional Information field on the form. If the employee was returning to the employer during that time and it was a reverification of the form, in Section 3, write “COVID-19” in the margin or note it in the additional information field.
Do you have questions about your I-9 practices? If so, please contact Employers Council for assistance. We anticipate more guidance and will update members as we know more.
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