The U.S. Citizenship and Immigration Services (USCIS) has released a new version of the I-9 form for employers to use. The previous version is usable until October 31, 2023, and then employers are required to use the revised form I-9.
Some of the changes include:
- Sections 1 and 2 are now on a single page, helping to reduce the length of the I-9
- Preparer and/or Translator Certification piece has become a standalone supplement that can be used when necessary.
- Section 3, Reverification and Rehire, have also become a standalone supplement that employers can use when needed.
- There is now a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a newly authorized virtual procedure rather than via physical examination.
Allowing employers to inspect documents virtually has been a major development, especially with the increase in remote positions over the last several years. Employers who wish to inspect their new hire’s I-9 documents virtually are required to meet the following criteria:
- Have enrolled in E-Verify for all locations that would like to use the alternate procedure
- Be following all E-Verify program requirements, including verifying the employment eligibility of newly hired employees.
- Continue to be a participant in good standing in E-Verify at any time the employer uses remote verification.
Employers who are new to E-Verify must complete the E-Verify tutorial on the alternative procedure, which covers fraud awareness and anti-discrimination training. Once employers are eligible to begin the remote verification process, they must follow a strict set of rules to carry out that process. The employer may use a video call to remotely review a new hire’s documents and verify that they are authorized to work in the U.S. They can then compare those documents to the information entered by the new hire in Section 1 of the I-9. Employers are required to retain clear and legible documentation of all documents presented in the I-9 documentation process if they use remote verification.
If an employer uses remote verification, the alternative procedure must be consistently offered to all employees at a hiring site, with two exceptions. 1) Remote verification can be used only for remote employees and, 2) hybrid workers can be required to have in-person physical verification. Also, an employer must let employees have an in-person physical meeting if that is what they prefer.
Civil fines for I-9 violations will still be in effect for non-compliance, including non-compliance for the remote verification process. Further guidance is expected from USCIS on remote verification fines and penalties.
ONBOARDING AND THE NEW I-9
AccuPay’s iSolved HCM utilizes an integrated online Onboarding feature, and has implemented the new I-9 form. New hires and employers can complete both sections of the I-9 digitally in compliance with the updated I-9 form, as well as document whether they have used the remote verification process. Contact Jessica Wiegmann, MLD, SHRM-CP at 317-885-7600 or email@example.com for more information on this feature within iSolved Onboarding.
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