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The New I-9 Form from the Department of Homeland Security (DHS) is finally here! We can now see the actual changes and how we should adapt onboarding policies to meet the new criteria.
DHS surprised Employers, legal minds, HR associations, and professionals when they moved to modernize employment eligibility verification, by taking additional steps to provide certainty and flexibility for American businesses. Rather than examining an employee's identity and employment authorization documents in person, employers who participate in E-Verify and are in good standing will have the option to conduct verification electronically and with a live video call interaction. This will be a different flexibility than what the current DHS has provided for Employers.
However, on August 3, 2023, DHS The U.S. Immigration and Customs Enforcement (ICE) on Aug. 3 proposed a pilot program for small employers to remotely verify I-9 forms—a program that would be similar to the remote verification alternative procedure recently made available to qualified E-Verify users.
The pilot program, which would be optional, would resemble the E-Verify remote verification but would not be available to E-Verify employers. Like the E-Verify remote verification, it would provide remote document inspection, document retention, and protection against discrimination.
On May 11, 2023, the President determined that the Covid-19 pandemic was no longer an emergency. As a result, that prompted The US Immigration and Customs Enforcement (ICE) to announce that “Normal Operations are Resumed”. Employers will have 30 days to comply with Form I-9 employment eligibility verification physical document examination requirements when COVID-19 flexibility ended on July 31, 2023. Employers have until August 30, 2023, to meet the physical review of ID documents they conducted remotely during the 3 years of the COVID-19 pandemic.
Now that DHS has finally launched the new I-9 form, Employers need to adapt to the new changes which include new instructions and many other changes. Employers need to establish a remote option now that this option is no longer available.
DHS has determined that users of E-Verify will be able to utilize what is called the Alternative Procedure where users in good standing can view their I-9 forms via video. It will be interesting to see how this evolves and if DHS will expand this option.
- DHS launched the new I-9 Form and identified some of the changes.
- Separate I-9 Form Instructions are now available.
- Employers can use the current expired I-9 form until October 2023.
- Effective November 1, 2023, you need to use the new I-9 Form.
- Other changes that are part of the New I-9 Form.
- Learn when the I-9 Manual (m274) will be available.
- DHS has allowed the I-9 Remote Alternative Procedure only for E-Verify users.
- Other requirements that are part of the decision of the DHS E-Verify process of Alternative Procedure.
- What criteria should be written in the I-9 Form when using the E-Verify option.
- What requirements are mandatory when using the E-Verify Alternative Procedure option.
- How to properly use the Additional Information Field when it comes to reviewing documents and using the New E-Verify Alternative Procedure Option.
- The clock is ticking for Employers who are mandated to review physical ID documents by the August 30, 2023, deadline.
- Best practice when reviewing documents before August 30, 2023, Deadline.
- How to review documents if they are different than the original IDs used.
- How to effectively review IDs to meet requirements.
- How to conduct an internal audit now to make the changes easier.
- How training of staff will be critical to meet the requirements.
- All Employers
- All Employer Representatives
- Business Owners
- Company Leadership
- Compliance professionals
- HR Professionals
- Managers
- Supervisors
- Employers in all industries
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and International compliance. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management. Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).
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