Per U.S. Citizenship and Immigration Services, the latest changes to the Form I-9 for Employment Eligibility Verification went into effect on August 1, 2023, ending the COVID-19 Remote Inspection Policy. As a result, employers with “remote hires” are no longer able to review identity and work authorization documents in a virtual fashion, having to perform physical examinations for those individuals hired on or after March 20, 2020. The update also included an alternative procedure for reviewing documentation if it met certain requirements. However, in order to qualify, the employer must have:
- Performed remote examination of an employee’s documents between March 20, 2020, and July 31, 2023.
- Been enrolled in E-Verify at the time they completed the Form I-9 for that employee.
- Created a case in E-Verify for that employee (except for re-verification).
- Be currently enrolled in and continue to participate in E-Verify.
Employers who did not meet all four of these requirements had to perform an in-person examination of documents by August 30, 2023. No surprise, the changes prompted a slew of questions from employers as organizations braced for the impact of the new Form I-9. Even now, well passed the initial enactment and deadlines associated with the refresh, employers continue to navigate what the current process means for their businesses and the best ways to maintain compliance.
Given the nuance associated with the new Form I-9, employers need to know not only what their options are but also what the audit risk looks like and how best to avoid common mistakes.
