I-9 News: New Form Version and Live Video I-9 Inspection for E-Verify Employers

U.S. Citizenship and Immigration Services (USCIS) announced a new version of Form I-9, Employment Eligibility Verification. Employers must use Form I‑9 to verify the identity and employment authorization of their employees.

Changes to the I-9 Form

Features of the revised I-9 form include:

• Reduced to a one-page form and is fillable on tablets and mobile devices
• Section 1 Preparer/Translator Certification is now is a standalone supplement that employers can use when necessary
• Section 3, Reverification and Rehire is a now a standalone supplement for employers to use if a rehire occurs or reverification is required
• List of Acceptable Documents was revised to include some acceptable receipts and additional guidance on automatic extensions of employment authorization documentation

Most notably, the form now includes a checkbox allowing E-Verify registered employers to indicate they examined Form I-9 documentation via live video interaction under a DHS-authorized alternative procedure rather than via physical examination.

When Should Employers Begin Using the New Form?

Employers may begin using the new form on Aug. 1, 2023, but may continue to use the 2019 version through Oct. 31, 2023. Starting November 1, 2023 all employers must use the new version.

Changes to Remote Verification Beginning August 1^st

DHS previously announced the end of temporary COVID-19 flexibilities as of July 31. However, beginning August 1^st, DHS is providing an alternative for E-Verify registered employers to examine Form I-9 documents via live video interaction, instead of the current requirement to examine documents in-person. To participate, employers must:

• Be an E-Verify participant in good standing
• Retain clear and legible copies of all documents
• Conduct a live video interaction with the employee
• Create an E-Verify case if the employee is a new hire

Employers Required to Cure Past Virtual Inspections (March 20, 2020 to July 31, 2023)

Again, DHS previously announced the end of temporary COVID-19 flexibilities as of July 31. Virtual inspections that were conducted during the COVID-19 pandemic (March 20, 2020 to July 31, 2023) must be cured via a physical inspection or, for E-Verify employers, a live video interaction, by August 30.

Employers who were participating in E-Verify and created a case for employees whose documents were examined during COVID-19 flexibilities (March 20, 2020 to July 31, 2023), may choose to use the new alternative procedure starting on August 1, 2023 to satisfy the physical document examination requirement by Aug. 30, 2023.

Employers who were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person physical examination by Aug. 30, 2023.

Gibney will continue to monitor for developments. For questions, please contact your Gibney representative or email info@gibney.com.