New in Form I-9: E‑Verify Employers Can Remotely Examine Documents

USCIS announced that on August 1, 2023 a new version of Form I-9, Employment Eligibility Verification will be published. The updated form will include some improvements to make the process smoother for employers.

One significant change is the addition of a checkbox for employers enrolled in E-Verify. This checkbox allows employers  to indicate that they have remotely examined the necessary identity and work authorization documents using an alternative procedure approved by the Department of Homeland Security (DHS).

Employers who were already using E-Verify and created a case for employees during the COVID-19 flexibilities (from March 20, 2020, to July 31, 2023) can choose to use the new alternative procedure from August 1, 2023, until August 30, 2023, to meet the physical document examination requirement. However, employers who were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person physical examination by August 30, 2023.

The revised Form I-9:

• Reduces Sections 1 and 2 to a single-sided sheet;
• Is designed to be a fillable form on tablets and mobile devices;
• Moves the Section 1 Preparer/Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary;
• Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when rehire occurs or reverification is required;
• Revises the Lists of Acceptable Documents page to include some acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documentation;
• Reduces Form instructions from 15 pages to 8 pages; and
• Includes a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a DHS-authorized alternative procedure rather than via physical examination.

The revised Form I-9 with an edition date of 08/01/23 will be available on the official USCIS website (uscis.gov) on August 1, 2023. Employers can continue using the current Form I-9 with an edition date of 10/21/19 until October 31, 2023. Starting November 1, 2023, all employers must use the new Form I-9 for their verification process.