USCIS Introduces Streamlined Form I-9 and Remote Examination Procedures

Not sure if you’ve heard, but the United States Citizenship and Immigration Services (USCIS) recently unveiled a new version of Form I-9 on July 21. The new I-9 is simpler to fill out which is great news for all HR and payroll clerks.

Effective August 1, 2023, employers are advised to utilize this updated form for their employment verification processes. During a transitional period, employers have the option to continue using the older version of Form I-9 (Rev. 10/21/19) until October 31, 2023. However, it’s important to note that after this cut-off date, using the outdated form could result in penalties.

The U.S. Department of Homeland Security (DHS) has introduced a significant change by issuing a final rule. This rule empowers employers to establish a framework for implementing alternative procedures for document examination, including the option of remote document examination. The new Form I-9 incorporates a checkbox specifically designed to indicate whether an employee’s Form I-9 documentation was reviewed using an alternative procedure authorized by the DHS. As part of these developments, DHS has clarified that only employers in good standing who use the E-Verify system will be permitted to continue electronic verifications after August 1, 2023. This indicates a potential future where remote examinations could become a standard practice for all employers, based on this new rule. Employers utilizing E-Verify for remote verification will be required to conduct a live video interview with the employee, retain copies of all documents presented during the I-9 verification process, and create E-Verify cases for newly onboarded employees. See the revised I-9 here.