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The U.S. Department of Homeland Security (DHS) recently unveiled a significant update to the Form I-9, Employment Eligibility Verification, which will take effect Aug. 1, 2023. This revised version of the form incorporates several enhancements, the most significant of which is a checkbox that employers enrolled in E-Verify can mark to indicate they have reviewed copies of identity and employment authorization documents pursuant to a new alternative document examination procedure.

This alternative procedure has been authorized by DHS and is outlined in the latest final rule announced July 21, 2023, which will be published in the Federal Register.

The final rule also marks the end of temporary COVID-19 flexibilities as of July 31, 2023, and grants DHS the authority to permit employers to use alternative methods of examining Form I-9 documentation. As part of this rule making, employers enrolled in E-Verify now have the option to examine copies of their employees’ identity and employment authorization documents using the DHS-authorized alternative procedure.

The alternative procedure enables certain employers to review copies of Form I-9 documents instead of the previous requirement of in-person, physical verification. To qualify for participation in this alternative examination process, employers must be enrolled in E-Verify, review copies of employment authorization and identity documents, retain copies of all documents examined, conduct a live video interaction with the employee, and create an E-Verify case for new hires.

Employers who have used E-Verify and created cases for employees whose documents were examined during the COVID-19 flexibilities period (March 20, 2020, to July 31, 2023) can choose to implement the new alternative procedure starting Aug. 1, 2023, to satisfy the physical document examination requirement by Aug. 30, 2023. However, employers who were not enrolled in E-Verify during the COVID-19 flexibilities period must conduct an in-person physical examination by Aug. 30, 2023.

The revised Form I-9 introduces several notable changes to streamline the process, making it more efficient and user-friendly. The form has been reduced to a single-sided sheet, designed to be fillable on tablets and mobile devices. Additionally, the “Preparer/Translator Certification” area in Section 1 has been moved to a separate standalone supplement, and Section 3, pertaining to Reverification and Rehire, has also been shifted to its own supplement.

Furthermore, the “Lists of Acceptable Documents” page has been updated to include some acceptable receipts, along with guidance and links to information on automatic extensions of employment authorization documentation. The revision has also reduced the form’s instructions from 15 pages to 8 pages.

The new Form I-9 (edition date 08/01/23) will be available on the USCIS website Aug. 1, 2023. Employers may continue using the current Form I-9 (edition date 10/21/19) until Oct. 31, 2023. From Nov. 1, 2023, onwards, all employers must transition to using the new Form I-9.

This new alternative procedure for Form I-9 document examination, along with the revised form, bring greater flexibility and convenience to employers while ensuring the security and accuracy of the employment eligibility verification process.

Employers should familiarize themselves with the changes and consider implementing new procedures to stay compliant with these updates.

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Photo of Laura Foote Reiff ‡ Laura Foote Reiff ‡

Laura Foote Reiff has more than 32 years of experience representing businesses and organizations in the business immigration and compliance field. She is also a business immigration advocate and has long chaired prominent business immigration coalitions. Laura is Co-Founder of GT’s Business and

Laura Foote Reiff has more than 32 years of experience representing businesses and organizations in the business immigration and compliance field. She is also a business immigration advocate and has long chaired prominent business immigration coalitions. Laura is Co-Founder of GT’s Business and Immigration and Compliance Group which she co-led since 1999. She currently chairs the Northern Virginia/Washington D.C. Immigration and Compliance Practice. Laura is also Co-Managing Shareholder of the Northern Virginia Office of GT, a position she has held since 2010. As a global leader in the business immigration community, Laura has served on the Boards of the American Immigration Lawyers Association, the American Immigration Council, the National Immigration Forum and is currently the Chair of the America is Better Board.

Laura advises corporations on a variety of compliance-related issues, particularly related to Form I-9 eligibility employment verification matters. Laura has been involved in audits and internal investigations and has successfully minimized monetary exposure as well as civil and criminal liabilities on behalf of her clients. She develops immigration compliance strategies and programs for both small and large companies. Laura performs I-9, H-1B and H-2B compliance inspections during routine internal reviews, while performing due diligence (in the context of a merger, acquisition or sale) or while defending a company against a government investigation.

Laura represents many businesses in creating, managing and using “Regional Centers” that can create indirect jobs toward the 10 new U.S. jobs whose creation can give rise to EB-5 permanent residence for investment. She coordinates this work with attorneys practicing in securities law compliance, with economists identifying “targeted employment areas” and projecting indirect job creation, and with licensed securities brokers coordinating offerings. She also represents individual investors in obtaining conditional permanent residence and in removing conditions from permanent residence.

Laura’s practice also consists of managing business immigration matters and providing immigration counsel to address the visa and work authorization needs of U.S. and global personnel including professionals, managers and executives, treaty investors/ traders, essential workers, persons of extraordinary ability, corporate trainees, and students. She is an immigration policy advocacy expert and works on immigration reform policies.

 Admitted in the District of Columbia and Maryland. Not admitted in Virginia. Practice limited to federal immigration practice.

Photo of Rebecca B. Schechter ‡ Rebecca B. Schechter ‡

Rebecca Schechter focuses her practice on business immigration and compliance, representing multi-national corporations midsized companies, and startups, as well as individual clients. She has experience with all areas of employment-based immigration, particularly H-1B, L-1, O-1 and E-2 petitions, as well as outstanding researcher…

Rebecca Schechter focuses her practice on business immigration and compliance, representing multi-national corporations midsized companies, and startups, as well as individual clients. She has experience with all areas of employment-based immigration, particularly H-1B, L-1, O-1 and E-2 petitions, as well as outstanding researcher petitions and labor certification applications. Rebecca regularly assists GT clients with global immigration matters, including business and work visas to countries in Europe, the Middle East, Asia, and Latin America. She also works on state and federal I-9 and E-Verify audits. Rebecca has a thorough understanding of third party contractor issues and experience handling complex naturalization, deportation defense, family and employment-based adjustment applications.

Admitted in Maryland and Connecticut. Not admitted in Virginia. Practice limited to federal immigration practice.