A new era for Form I-9 and E-Verify: Your top questions answered

U.S. employers seeking greater flexibility when onboarding new employees have reason to celebrate the government’s recent move to long-term virtual I-9 document review. The updated Form I-9 allows for remote document inspection procedures aimed at streamlining the onboarding process, and the update should be especially useful for eligible employers hiring a hybrid or remote workforce.

However, many employers are still hastening to finish inspecting their existing Form I-9 documents that need to be re-checked if completed under COVID-19 flexibilities, often on tight budgets. How can organizations help ensure they meet inspection deadlines while remaining I-9 compliant?

Q: Can you provide a brief overview of how the I-9 process has evolved over the last ~three years?

A: The use of Form I-9 was enacted on November 6, 1986, to validate identity and work authorization for new hires in the United States. While multiple versions of the I-9 Form have been issued throughout the years, the underlying requirements of the in-person process have remained fairly consistent for decades.

Then the COVID-19 pandemic hit, and temporary remote document inspection flexibilities were put in place on March 20, 2020. More importantly, it highlighted the fact that the Form I-9 employment verification process has long been overdue for modernization.

On July 25, 2023, the U.S. Citizenship and Immigration Services (USCIS) and Department of Homeland Security (DHS) published a new form and new alternative procedures. As a result, the highly anticipated shift to a long-term virtual I-9 document review option has finally arrived effective August 1, 2023. With a revised, more seamless Form I-9 and new options to choose from, employers now have the flexibility to redefine their processes for in-person and virtual document review.

Q: What are the new I-9 procedures? How does this impact organizations?

A: As detailed in both the U.S. Citizenship and Immigration Services (USCIS) announcement of a new, simplified Form I-9 (Form I-9 08/01/2023) and the Department of Homeland Security (DHS) document describing and authorizing a new remote document inspection option, there are alternative verification procedures now available to employers. Eligible employers can take advantage of the DHS-authorized remote I-9 document inspection if they meet the following criteria:

• Is currently a participant in good standing with E-Verify
• Applies the alternative process consistently to their new employees
• Notes use of the alternative procedures to perform document review on the Form I-9
• Conducts or arranges a live virtual meeting with the employee for document review
• Retains clear and legible copies of all reviewed documents for audit purposes
• Creates an E-Verify case if the employee is a new hire

The introduction of the new alternative verification procedures offers immediate benefit for employers enrolled and participating in E-Verify. USCIS has announced that the alternative procedures may be used for Form I-9 documents examined remotely during COVID-19 temporary flexibilities where an E-Verify case was created. Note that a new E-Verify case should not be created when using alternative procedures for examining documents inspected using temporary flexibilities, as E-Verify cases should be created and managed when the employee is originally hired.

Q: What are the biggest challenges organizations will face with this updated process?

A: While the newly simplified Form I-9 and modernized alternative procedures are both widely accepted and welcomed, U.S. employers are currently laser-focused on completing their inspections of Form I-9 documents previously reviewed using COVID-19 temporary flexibilities by the August 30, 2023 deadline. Not meeting the August 30, 2023 deadline could expose organizations to costly federal fines.

In addition, due to the current macro-environment, U.S. employers may be facing limited resources in-house – making it necessary and beneficial for them to outsource secure and modern alternative Form I-9 verification procedures.

Q: What are some best practices organizations should follow as they navigate this updated process?

A: Given the recent announcements, U.S. employers should feel empowered to modernize their Form I-9 solution and strategy by:

• Redefining their ideal (and consistent) Form I-9 processes including document inspection options: in-person (e.g., company-selected verifier), remote – in-person (e.g., Verifier or Notary Network) and/or virtual.
• Familiarize themselves with recent USCIS guidance.
• If an employer would like to leverage DHS alternative verification procedures to inspect Form I-9 documents, they should enroll in E-Verify. Any employer who is enrolled and in good standing with E-Verify is eligible to use the new virtual inspection option.
• The government regulations list several remote inspection requirements, including: 1) employers must be enrolled in E-Verify, 2) examine and retain copies of all documents, 3) conduct a live video interaction with the employee, and 4) create an E-Verify case if the employee is a new hire.

Q: How does this support broader “future of work” themes like hybrid work and employee flexibility?

A: Now more than ever, there’s an urgent need to make the entire onboarding process more flexible for U.S. employers so they can compliantly and easily onboard new employees, especially with newer post-COVID hybrid and remote workplace models. Employers should feel empowered to choose virtual document inspection quickly and efficiently for their hybrid and remote workplaces, provided they are willing to adopt E-Verify into their I-9 program and follow the other rules and guidelines.

For I-9 solutions, the long-awaited improvements allow us to deliver on our promise to innovate and create responsive, simplified options that deliver on employer needs.

Related: What employers need to know about Form I-9 updates

The modernized Form I-9 offers employers added flexibility and convenience. When redesigning their existing onboarding processes, organizations should become familiar with recent USCIS guidance and ensure robust functionality from any I-9 solution under consideration. Ideally, this functionality should include automated E-Verify integration, thorough I-9 guidance and validation, flexible options for document review, and compliance validation features.

Meg Wilson, chief product officer, Sterling