The New I-9 Form from the Department of Homeland Security (DHS) is finally here! We can now see the actual changes and how we should adapt onboarding policies to meet the new criteria.

DHS surprised Employers, legal minds, HR associations, and professionals when they moved to modernize employment eligibility verification, by taking additional steps to provide certainty and flexibility for American businesses. Rather than examining an employee’s identity and employment authorization documents in person, employers who participate in E-Verify and are in good standing will have the option to conduct verification electronically and with a live video call interaction. This will be a different flexibility than what the current DHS has provided for Employers.

However, on August 3, 2023, DHS The U.S. Immigration and Customs Enforcement (ICE) on Aug. 3 proposed a pilot program for small employers to remotely verify I-9 forms—a program that would be similar to the remote verification alternative procedure recently made available to qualified E-Verify users.

The pilot program, which would be optional, would resemble the E-Verify remote verification but would not be available to E-Verify employers. Like the E-Verify remote verification, it would provide remote document inspection, document retention, and protection against discrimination.

On May 11, 2023, the President determined that the Covid-19 pandemic was no longer an emergency. As a result, that prompted The US Immigration and Customs Enforcement (ICE) to announce that “Normal Operations are Resumed”. Employers will have 30 days to comply with Form I-9 employment eligibility verification physical document examination requirements when COVID-19 flexibility ended on July 31, 2023. Employers have until August 30, 2023, to meet the physical review of ID documents they conducted remotely during the 3 years of the COVID-19 pandemic.

Session Highlights:

•  Department of Homeland Security (DHS) launched the new I-9 Form and identified some of the changes.
• Separate I-9 Form Instructions are now available.
• Employers can use the current expired I-9 form until October 2023
• Effective November 1, 2023, you need to use the new I-9 Form
• Learn what other changes are part of the New I-9 Form.
• Learn when the I-9 Manual (m274) will be available.
• DHS has allowed the I-9 Remote Alternative Procedure only for E-Verify users.
• Learn what other requirements are part of the decision of the DHS E-Verify process of Alternative Procedure
• Learn what criteria should be written in the I-9 Form when using the E-Verify option.
• Learn what requirements are mandatory when using the E-Verify Alternative Procedure option.
• Learn how to properly use the Additional Information Field when it comes to reviewing documents and using the New E-       Verify Alternative ProcedureOption.
• The clock is ticking for Employers who are mandated to review physical ID documents by the August 30, 2023, deadline.
• Learn how best practice is when reviewing documents before August 30, 2023, Deadline.
• Learn how to review documents if they are different than the original IDs used.
• Learn how to effectively review IDs to meet requirements.
• Learn how to conduct an internal audit now to make the changes easier.
• Learn how training of staff will be critical to meet the requirements.

Why you should attend:

For at least a year, DHS and immigration attorneys have been encouraging employers who have been using the temporary flexibility to prepare for the end of that program. On May 1, 2023, the White House announced that the COVID-19 Public Health Emergency would end on May 11, 2023, thus means that DHS has considered Normal Operations are resumed. Now, with less than three months to go, all Employers must prepare for compliance.