As promised, the United States Citizen and Immigration Services (USCIS) has published a new Form I-9. Employers may continue to use the current Form I-9 through October 31, 2023, but must implement the new form after that date or face penalties. Please see Lake Effect’s prior blog for detailed information about the specific revisions made to Form I-9. USCIS has also provided new instructions for the revised Form I-9 and updated its Handbook for Employers with further guidance for completing the new form.
Section 4.0 of the USCIS Handbook for Employers sets forth detailed requirements for employer review and verification of acceptable I-9 documentation. Section 4.5 confirms that employers who are participants in good standing in E-Verify may utilize an optional procedure for remote examination of I-9 documents as an alternative to the in-person physical examination historically required of all employers (except for during the time period covered by the COVID-19 flexibilities). If an E-Verify participant employer uses the alternative procedure, it must offer the option to all employees. Note that employers who do not participate in E-Verify are not eligible to use the remote examination procedures and must continue to inspect acceptable documents in-person, including in-person verification by an authorized representative for remote employees.
If you would like assistance or guidance in completing new Form I-9s, complying with the Form I-9 identification or retention requirements, or conducting internal I-9 audits, please contact Lake Effect at info@le-hrlaw.com or 1-844-333-5253.
Lake Effect is here to answer all your questions about employment laws, regulations, and new agency guidelines. We continue to monitor important legal and HR developments, as well as other information that could impact the workplace. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.
