As of July 31st, 2023 employers will no longer be able to have I-9 forms inspected remotely. Here is everything you need to know about the Form I-9 flexibility requirement, due to COVID, ending and what employers need to do next.
Of the many recent updates to Form I-9, the ending of remote verification is one of the largest and most impactful.
I-9 Remote Verification Policy
During the COVID pandemic, The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) created a flexible rule that allowed businesses to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.
The temporary rule was originally set to expire in October 2022. It has since been extended throughout the month of July 2023.
I-9 Remote Verification Policy Ends: July 2023 Update
As of July 31st, 2023 employers will no longer be able to have I-9 forms inspected remotely. As the I-9 flexibility rule ends, employers will have to go back to holding physical inspections going forward, as the deadline will not be extended again.
What's Next?
Now, employers must complete in-person physical document inspections of all employee documents that were remotely verified during the pandemic. Employers must have this completed by August 30, 2023.
Employers will need to then annotate Form I-9. The DHS has examples showing how they recommend annotating Form I-9 in regard to this update.
What if I Can't Get My Forms Verified In-Person?
There is an alternative for qualified employers to remotely examine Form I-9 documents on or after August 1, 2023 if they cannot examine documents in-person. This program is referred to as E-Verify.
New E-Verify Program for New York
To participate in the remote examination of documents for Form I-9, employers must be enrolled in E-Verify as well as examine and retain copies of all documents, conduct a live video interaction with the employee, and create an E-Verify case if the employee is a new hire.
Only employers who are enrolled in E-Verify can use the new checkbox to indicate that they have remotely examined identity and employment authorization documents.
How to Qualify for E-Verify in New York
A qualified employer is a participant in good standing in federal E-Verify.
Employers are in good standing if all of the following are true:
- They have enrolled in E-Verify for all hiring states in the U.S that use the alternative procedure
- They are compliant with all E-Verify program requirements
- They continue to be enrolled in E-Verify and in good standing at any time when they use the alternative procedure
Important to note is that employers cannot require employees to use the alternative procedure if they do not want to. Employers will then need to perform an in-person examination for those who do not want to participate in the remote verification process
Get Help With I-9 Verifications
Businesses that are having trouble with I-9 verifications may want to reach out to a payroll and HR company for assistance.
Contact us today to get help with your I-9 compliance, or to learn about how else our HR services can assist your business.
