USCIS’s New Form I-9 and Remote Verification Rule Effective August 1: A Significant Step Towards Digital Transformation in Employment Verification
This is a significant development that reflects the ongoing shift towards remote work and digital processes in the wake of the COVID-19 pandemic. The ability to conduct remote documentation and verification will likely streamline the hiring process for many employers, particularly those who hire remote workers or have a geographically dispersed workforce. However, it’s important for employers to ensure they fully understand and comply with the new procedures to avoid potential legal and compliance issues. This change also underscores the importance of secure digital infrastructure and robust cybersecurity measures, as sensitive personal and employment information will be transmitted and stored digitally.
The U.S. Department of Homeland Security’s Citizenship and Immigration Services (USCIS) has announced significant updates to Form I-9, the document used by employers to verify the identity and employment authorization of their employees. The revised form, which will be published on August 1, 2023, includes several improvements aimed at simplifying the verification process for both employers and employees.
The updated Form I-9 has been reduced to a single-sided sheet, making it easier to handle and process. It has been designed to be fillable on tablets and mobile devices, reflecting the increasing digitization of the workplace. The Section 1 Preparer/Translator Certification area has been moved to a separate, standalone supplement that employers can provide to employees when necessary. Similarly, Section 3, which deals with Reverification and Rehire, has been moved to a standalone supplement that employers can print if or when rehire occurs or reverification is required.
The Lists of Acceptable Documents page has been revised to include some acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documentation. The form instructions have been reduced from 15 pages to 8 pages, making them more concise and user-friendly.
Perhaps the most significant change is the introduction of a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a DHS-authorized alternative procedure rather than via physical examination. This new procedure, available only to E-Verify participant employers in good standing, permits employers to conduct remote documentation and verification via live video with employees once employees have transmitted their documents to the employer for review.
This move towards remote verification is a significant development in the context of the ongoing shift towards remote work and digital processes in the wake of the COVID-19 pandemic. It is expected to streamline the hiring process for many employers, particularly those who hire remote workers or have a geographically dispersed workforce.
The revised Form I-9 will be published on uscis.gov on Aug. 1, 2023. Employers can use the current Form I-9 through Oct. 31, 2023. Starting Nov. 1, 2023, all employers must use the new Form I-9.
