GOOD NEWS YOU SAY? What a delight to share information that could make life easier for employers! On July 21, 2023, the Department of Homeland Security (DHS) announced a streamlined, “alternative procedure” and a new I9 form. The new form will be released August 1, 2023, (the old form can be used until October 31, 2023). The goal is to make the process easier overall and to allow for remote I9 data collection through a proscribed alternative procedure.
As you may recall, the DHS had declared that any remote hires made during the COVID19 flexibility period would have to appear in person or designate a personal representative to verify the I9 process. NOT A GOOD IDEA DHS. This standard was unworkable for so many employers with remote employees. Now, instead of the requirement to re-examine documents in-person from the COVID flexibility period,* remote examination is allowed under the new DHS-authorized alternative procedure. Plus going forward, the alternative procedure can be used to satisfy the I9 requirements via video and online.
WHAT DO I HAVE TO DO?
Direct from DHS:
To participate in the remote examination of Form I-9 documents, employers must be enrolled in E-Verify, examine and retain copies of all documents, conduct a live video interaction with the employee, and create an E-Verify case if the employee is a new hire.
Employers who were participating in E-Verify and created a case for employees whose documents were examined during COVID-19 flexibilities (*March 20, 2020 to July 31, 2023), may choose to use the new alternative procedure starting on August 1, 2023 to satisfy the physical document examination requirement by Aug. 30, 2023. Employers who were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person physical examination by Aug. 30, 2023.
WHAT IF I DO NOT USE E-VERIFY? We recommend you sign up. Unfortunately, if you were not enrolled in E-Verify during the COVID flexibility period you cannot use the alternative procedure outlined above. Instead, you will have to complete physical examination of documents in person. Details from DHS here.
Questions? We can help.