Important Form I-9 Updates Announced

by | Aug 17, 2023

The latest news from Paychex: Business owners should be aware of important Form I-9 updates announced by the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE)

DHS and ICE have announced:

  • As of July 31, 2023, with the end of the COVID-19 temporary flexibilities, employers no longer have the option to inspect Form I-9 documents via video link, fax, or email for employees working remotely due to COVID-19. Employers must return to the standard practice of physically inspecting Form I-9 documents for all newly hired employees.
  • In addition, employers must complete physical inspections of documents by August 30, 2023, and appropriately document this physical inspection on the Form I-9 for employees hired on or after March 20, 2020, whose identity and work authorization documents were inspected virtually under the COVID-19 temporary flexibilities.

Employers should be aware of applicable requirements related to the completion of Form I-9, including those which may require employers to retain copies of the reviewed documents. More details about the above changes can be found here.

Here are actions employers are responsible for:

For existing employees before August 30, 2023, employers must:

  • Conduct an audit of completed Form I-9s for any employees hired since March 20, 2020.**
  • For any Form I-9 documents inspected virtually during that time:
    • Go back to the original Form I-9(s).
    • Physically inspect acceptable documents.
    • Update the Additional Information box in Section 2.
    • Reference these examples for help.

For employees hired after July 31, 2023:

  • Employers must complete physical inspections of acceptable Form I-9 documents.

**For employees no longer employed at your company, you will not be liable**

Additional Form I-9 Updates:

  • The Department of Homeland Security released a final rule giving employers enrolled in E-Verify the option to virtually examine their employees’ identity and employment authorization documents under a DHS-authorized alternative procedure.
  • On Aug. 1, 2023, U.S. Citizenship and Immigration Services published a revised, streamlined, and shorted version of Form I-9, Employment Eligibility Verification. Employers may continue to use the older Form I-9 (Rev. 10/21/19) through Oct. 31, 2023. Beginning Nov. 1, 2023, only the new Form I-9 dated “08/01/2023” may be used. New I-9 Form can be found here.

Contact us if you have any questions or concerns regarding these updates or the revised Form I-9.

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