Legal Updates

Starting August 1, 2023, the Department for Homeland Security made the new Form I-9 available. This new form allows E-Verify employers to remotely examine Form I-9 documents. Some of the changes to the Form I-9 are that the Form I-9 is now only one page long and employers must keep clear and intelligible copies of the Form I-9 documents. The steps in the E-Verify process are relatively simple and require the employer to first examine copies of Form I-9 documents or acceptable receipts transmitted by the employee to ensure that they appear to be genuine. The second step is to conduct a live video interaction with the employee presenting the documents. In this live video, the employee will once again present the Form I-9 documents. After this step is complete, the employer will indicate on Form I-9, via the corresponding box, that an alternative method was used to examine the Form I-9 documents. Next, the employer must create a case in E-Verify and retain clear and legible copies of the Form I-9 documents (both sides if applicable). For an employer to use E-Verify, the employer is required to be qualified in E-Verify. To meet these qualifications an employer must have: (1) performed remote examination of an employee’s documents between March 20, 2020, and July 31, 2023, (2) been enrolled in E-Verify at the time they completed the Form I-9 for that employee, (3) created a case in E-Verify for the employee (except for reverification), and (4) be currently enrolled in and continue to participate in E-Verify. Employers who do not meet these requirements have to complete an in-person physical examination of Form I-9 documents by August 30, 2023. This applies even if they remotely examined their employees’ Form I-9 documents under the COVID-19 flexibilities between March 20, 2020, and July 31, 2023. If an employer is not currently enrolled in E-Verify there is a grace period till October 31, 2023, and no later than November 1, 2023, in which they may continue to use the old Form I-9 (Edition: 10/21/2019). However, after October 31, 2023, Form I-9 (Edition: 10/21/2019) will be invalid. Continued use of this form after this date will result in application penalties. Employers can become E-Verified by enrolling and completing the required training. More information on E-Verify can be found at the FederalRegister , I-9 Central and E-Verify.gov . If you have any questions, please call our offices.