法律更新: New Form I-9 Available Aug. 1, 2023, With a Remote Verification Option for e - verify系统 Users

On July 21, 2023, the U.S. Citizenship and Immigration Services (USCIS) 宣布 a new version of Form I‑9, also known as the Employment Eligibility Verification form. Employers are required to use this form to verify that their employees are authorized to work in the United States. Employers can begin using the new form Aug. 1, 2023

表格更新

As explained by USCIS, the new 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, 一个单独的区域, 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 就业 authorization documentation;

·         Reduces form instructions from 15 pages to eight pages; and

·         Includes a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a Department of 首页land Security (DHS)-authorized alternative procedure rather than via physical examination.

The agency announcement also explains that the revised Form I-9 (edition date Aug. 1, 2023) will be published on 美国入籍与移民服务局.政府 8月. 1, 2023. Employers can use the current Form I-9 (edition date Oct. 2019年11月21日)至10月. 31, 2023. 从11月开始. 1, 2023, all employers must use the new Form I-9.

Remote Document Verification 

On July 21, 2023, USCIS 宣布 a final rule in the Federal Register that recognizes the end of temporary COVID-19 flexibilities on July 31, 2023. The final rule also provides the DHS the authority to authorize optional alternatives for employers to examine Form I-9 documentation. 

Under current requirements, employers must physically inspect I-9 acceptable documents to certify their employers are authorized to work in the United States. However, with the final rule, DHS also published an 附带文件 in the Federal Register providing employers enrolled in e - verify系统 the option to remotely examine their employees’ identity and 就业 authorization documents under a DHS-authorized alternative procedure.

The remote verification option will not be available to employers unless they enroll in e - verify系统. 

To participate in the remote examination of Form I-9 documents under the DHS-authorized alternative procedure, employers will need to:

·         Be enrolled in e - verify系统;

·         Examine and retain copies of all documents;

·         Conduct a live video interaction with the employee; and

·         Create an e - verify系统 case if the employee is a new hire.

Document Verification Timeline

Employers that were participating in e - verify系统 and created a case for employees whose documents were examined during COVID-19 flexibilities (March 20, 2020, 至七月三十一日, 2023) may choose to use the new alternative procedure starting 8月. 1, 2023, to satisfy the physical document examination requirement by Aug. 30, 2023.

Employers that were not enrolled in e - verify系统 during the COVID-19 flexibilities must complete an in-person physical examination by Aug. 30, 2023.

This 法律更新 is not intended to be exhaustive nor should any discussion or opinions be constructed as legal advice. Readers should contact legal counsel for legal advice. ©2023 Zywave, Inc. 版权所有.