I-9 Verification Rules
It’s here! The United States Customs and Immigrations Service (USCIS) has finally issued a new Form I-9. The previous Form I-9 technically expired on October 31, 2022. As usual, however, USCIS had not yet published a new one. Up until August 1, 2023, you would have needed to use a technically expired I-9 for each new employee. [1] A new form has been created and the in-person document verification process has been reinstated.
But is the new I-9 really different from the previous one – aside from its new revision date (08/01/2023) in the lower left-hand corner and the expiration date (07/31/2026) in the upper right-hand corner?
Actually, yes. The main part of the form is down from two pages to one, and the instructions are down from 15 pages to 8 pages.
On the main page you will still see Section 1 (to be filled out by the employee) and Section 2 (to be filled out by the employer). Section 3 (for re-verifications and re-hires only) is now known as Supplement B. Also, whereas in Section 1 we saw a preparer/translator certification for employees who complete section 1 with the help of a preparer translator, that now shows up as Supplement A.
But those are not the only changes. There’s another small, but important one in Section 2. In the big box toward the bottom of Section 2 that you use to provide additional information about verification documents the employee provided or explanations of other extenuating circumstances, is a little check box that says, “Check here if you used an alternative procedure authorized by DHS to examine documents”.
That brings me to the other big change: before the pandemic, DHS required that employers examine ALL verification documents in person (An employer who cannot do so can designate an agent to do so in its place.) From March 2020 until July 31, 2023, employers who, due to the pandemic, were compelled to operate remotely could verify documents remotely. But here’s the catch: Any employer taking advantage of the relaxed rule has until the end of this month to complete an in-person verification of all documents verified remotely under the relaxed rule — and going forward must do in-person verification once more for all newly hired employees, with one exception…
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The DHS now allows remote verification for employers who use E-Verify and conduct document verification by video. If so, you check that box in Section 2—if and only if you use E-Verify with all your new hires going forward and conduct verification via video.
Everything else about the I-9 remains the same. Properly completing it is essential to ensure that your employees are eligible to work in the United States –and that your company’s I-9s pass muster in the event of an audit. Your friendly local employment counsel can help.
To get your questions answered by this RRC member expert Janette Levey, please click here.
[1] To be fair, that’s not unusual. USCIS typically issues a new I-9 at least a few months after the expiration date of the previous one.