Effective today, August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) has published new and revised versions of the Form 1-9 Employment Eligibility Verification Documents.
Employers are required to use the Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. A completed Form I-9 is required for each individual hired for employment in the U.S., regardless of the citizenship status of the employee.
A few important notes:
- On the form, employees must attest to their employment authorization, and are required to present their employer with acceptable documents as evidence of identity and employment authorization.
- The employer must physically examine these documents in-person to determine whether they reasonably appear to be genuine and relate to the employee, then record the document information on the employee’s Form I-9.
- Certain employers may remotely examine the employee’s documentation under a DHS-authorized alternative procedure rather than via physical examination.
- The current DHS-authorized alternate procedure is only available to employers who participate in eVerify and are in good standing, and who undergo a tutorial and training seminar.
- Absent use of the DHS-authorized alternative procedure, all I-9 supporting documentation must be physically examined in-person (and not remotely).
- Employers who use the DHS authorized alternative procedure must select the checkbox on the Form I-9 indicating that they have examined the documentation remotely under the DHS authorized alternative procedure.
- The list of acceptable documents can be found on the last page of the form.
- Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.
The updated forms may be found HERE.
Unless an employer is enrolled in eVerify and in good standing, employers must continue to physically examine the Form I-9 supporting documentation in-person and not remotely.
Employers should be sure to update their practices accordingly.
