New Form I-9
The Department of Homeland Security (DHS) published a new Form I-9 on August 1, 2023 that must be used by all U.S. employers. You can find the new Form I-9 here. Download the new Form I-9 and start using it for all new employees.

The DHS will allow employer to use the previous Form I-9 (Rev. 1/21/19) through October 31, 2023, but why wait? Download the new form and start using it now. If you use the previous form past October 31, 2023, you will incur penalties from DHS.

A primary reason for the new DHS Form I-9 is to simplify the form and verification process. The new Form I-9 is one-sided and somewhat shortened. Employers make mistakes when filling out Form I-9s every day and the DHS hopes to make it easier to fill out and use the I-9. The employee still only fills out Section 1 and the employer still only fills out Section 2. Supplement A, a separate page, is only used when the employee has a translator or preparer that assists the employee in filling out Section 1. Supplement B, a separate page, is only used for reverification when necessary or when rehiring an employee.

Remember that the Spanish version Form I-9 is only for use in Puerto Rico.

Reverification of Remote COVID-19 Era Form I-9s
In March 2020, DHS adopted an emergency rule that allowed employers to inspect identification documents and complete Form I-9s for employees who worked remotely due to COVID-19 and who were not expected to report to a company location. DHS ended the remote inspection and Form I-9 completion on July 31, 2023.

All employers must physically inspect Form I-9 identification documents and complete Form I-9s in person once again. Physical inspection and Form I-9 completion is effective immediately.

All employers must re-inspect Form I-9 identification documents that were inspected remotely during the COVID-19 era by August 31, 2023. This means that if an employee emailed, faxed, texted, mailed, or otherwise sent copies of their Form I-9 identification documents to you, you must now physically inspect those Form I-9 identification documents in person. If you have questions on this process, please watch our July 20, 2023 webinar on this topic here. If you still have questions, please contact us.

The Future of Remote Form I-9 Verification
Beginning on August 1, 2023, employers that are enrolled in E-Verify may utilize remote document verification that is completed through E-Verify. AS OF TODAY’S DATE, THIS NEW REMOTE VERIFICATION PROCESS IS ONLY FOR EMPLOYERS ENROLLED IN E-VERIFY. Employers not enrolled in E-Verify must continue physical inspection and verification.

If enrolled in E-Verify, an employer may conduct remote verification using the following steps:

1. Submit the newly hired employee’s information to E-Verify for review;
2. Verify the newly hired employee’s Form I-9 documents via live video interaction and indicate the use of remote verification on the Form I-9; and
3. Retain both sides of the documents the employee presented with the Form I-9 for the appropriate retention period.

This new E-Verify remote verification process is permissible and not mandatory.

The DHS is allegedly working on a permanent rule and procedure for all employers, not just those enrolled in E-Verify, to remotely verify Form I-9 identification documents. If and when it happens, we will let you know.

Conclusion and Contact
This communication is not intended to be an exhaustive explanation of the requirements for Form I-9s and we encourage employers to seek legal advice for your specific situation.
If you have any questions or need assistance with Form I-9s, please contact Kurtis Urien at kurtis@mrclawcorp.com or 714-972-2333.