KEY CHANGES FROM THE PRIOR VERSION 

One of the most notable updates to the form is the inclusion of a checkbox for employers considering the use of newly sanctioned virtual verification procedures. This provision permits employers to virtually inspect and verify employment authorization documents.

Additionally, the form has been optimized to be fillable on both tablets and mobile devices. While no existing fields were removed in the process of reducing the form's length from two pages to one, several fields have been merged to streamline the information entry process.

Other changes to the updated version of Form I-9 include:

• Condenses Sections 1 and 2 onto a solitary page, previously spanning two pages.
• Moves the Section 1 Preparer and/or Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary.
• Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can print out when necessary.
• Revises the Lists of Acceptable Documents page to include some acceptable receipts, alongside instructions and links to resources concerning automatic extensions of employment authorization documentation.
• Reduces the form's instructions from 15 pages to 8 pages.
• As mentioned earlier, includes a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a newly authorized virtual procedure rather than via physical examination.
   

REMOTE EXAMINATION OF DOCUMENTS 

To participate in the remote examination of Form I-9 documents, employers must be enrolled in E-Verify and maintain good standing.

Employees are required to present the unsigned Form I-9 and original supporting documentation to a notary for physical examination. This must be done prior to the first day of employment.

Within three business days of an employee’s first day of employment, a qualified employer (or an authorized representative) opting to use the alternative procedure must:

• Examine copies (front and back, if the document is two-sided) of the Form I-9 documents or an acceptable receipt to ensure that the documentation presented reasonably appears to be authentic;
• Conduct a live video interaction with the individual presenting the document(s) to confirm that the documentation reasonably appears to be genuine and related to the individual. The employee must first transmit a copy of the document(s) to the employer (per Step 1 above) and then present the same document(s) during the live video interaction;
• Indicate on the Form I-9, by ticking the corresponding box, that an alternative procedure was used to examine documentation to complete Section 2 or for reverification, as applicable;
• Retain, in accordance with applicable regulations, a clear and legible copy of the documentation (front and back, if the documentation is two-sided); and
• In the event of a Form I-9 audit or investigation by a relevant federal government official, make available the clear and legible copies of the identity and employment authorization documentation presented by the employee for document examination in connection with the employment eligibility verification process.

For employers who utilized E-Verify and created cases for employees whose documents were remotely examined between March 20, 2020, and July 31, 2023, the option to utilize the new alternative procedure to satisfy the physical document examination requirement remains available until August 30, 2023. However, employers who were not enrolled in E-Verify during the COVID-19 flexibilities time frame must complete an in-person physical examination by August 30.

BFG HR CLIENTS 

For any questions about the Form I-9 process or deadlines, please don’t hesitate to reach out to our HR team by email at [email protected] or by phone at 210-775-6082.