[Editor's note: The new I-9 form is now available.]
United States Citizenship and Immigration Services (USCIS) announced July 21 a new Form I-9—which has been streamlined and shortened—that employers should use beginning Aug. 1, 2023.
Employers may continue to use the older Form I-9 (Rev. 10/21/19) through Oct. 31, 2023. After that date, they will be subject to penalties if they use the older form. The new version will not be available for downloading until Aug. 1.
Additionally, the U.S. Department of Homeland Security (DHS) issued a final rule that allows the agency to create a framework under which employers can implement alternative document examination procedures, such as remote document examination. The new form subsequently has a checkbox to indicate when an employee's Form I-9 documentation was examined using a DHS-authorized alternative procedure.
DHS confirmed that only employers that use E-Verify who are in good standing may continue to conduct verifications electronically after Aug. 1, 2023, though the stage has been set for permanent remote examinations to become a reality for all employers based on the new rule. E-Verify employers performing remote verification must conduct a live video interview with the employee, retain copies of all documents presented in the I-9 verification process and create E-Verify cases for new employees, according to Ian Wagreich, an attorney with Hinshaw & Culbertson in Chicago.
Emily Dickens, SHRM's chief of staff, head of...
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