Remote Verification: Navigating the Changes in E-Verify and Form I-9 Amid Post-Pandemic Compliance

In a significant development, the U.S. Department of Homeland Security (DHS) has announced a remote verification option for employers using E-Verify, allowing them to review employees’ identity and employment authorization documents (EAD) via live video call starting from August 1, 2023. This new rule aims to streamline the employment verification process and offer greater flexibility to employers. Alongside this, the U.S. Citizenship and Immigration Services (USCIS) issued a revised Form I-9 on the same date, which involves key changes that employers need to be aware of.

Remote Verification Option for E-Verify Users

Employers who are currently enrolled in the E-Verify system and in good standing will have the opportunity to utilize the new remote verification option. Instead of conducting in-person identity and employment authorization document checks, employers can now review these documents through a live video call. This new flexibility can lead to significant time and cost savings for employers while ensuring compliance with employment eligibility requirements.

Benefits of Signing Up for E-Verify

Even employers who are not currently using E-Verify may wish to consider signing up now in order to take advantage of the remote verification option. E-Verify is a free and easy-to-use web-based system that enables participating employers to electronically verify the employment eligibility of their employees. By enrolling, employers gain access to this new remote verification feature, ensuring a smoother and more efficient process for complying with employment eligibility requirements.

On August 1, 2023, USCIS released a revised version of Form I-9, the essential document used to verify employees’ identity and employment eligibility in the United States. Employers must be aware of the changes and ensure they are using the latest version starting from November 1, 2023. The revised form includes a checkbox that allows employers to indicate that they have examined the required documentation remotely under the newly authorized alternative procedure provided by DHS.

Understanding E-Verify

E-Verify is an invaluable tool for employers to confirm whether their employees are legally eligible to work in the United States. With this web-based system, employers can electronically verify the employment eligibility of newly hired employees by comparing the information provided in the employee’s Form I-9 with data from the Social Security Administration (SSA) and Department of Homeland Security (DHS) records. Utilizing E-Verify helps employers maintain a compliant workforce and avoid penalties for employing individuals without proper work authorization.

Remote Verification Option Under the New DHS Rule

While employers are still allowed to conduct physical examinations of I-9 documentation, the remote verification option offers an efficient and convenient alternative. Employers who are enrolled in E-Verify can now choose to review employees’ identity and employment authorization documents through a live video call. This alleviates the requirement of being physically present with the documents, particularly beneficial for employers with distributed workforces, remote employees, or geographically distant job applicants.

Enrolling in E-Verify is a relatively straightforward process. Employers need to register their company with E-Verify online, provide necessary information, and complete the enrollment procedure. Once enrolled, employers gain access to various features, including electronic verification of employment eligibility, the ability to manage cases, and now the option for remote document review through live video calls.

Revised Form I-9 with Remote Verification Checkbox

The revised Form I-9, published by USCIS on August 1, 2023, incorporates the new checkbox allowing employers to indicate that they have examined the I-9 documentation remotely using the newly authorized alternative procedure. This checkbox serves as a crucial element in documenting compliance with the remote verification option and ensures that employers are adhering to the appropriate protocols.

Publication of Revised Form I-9

To ensure compliance with the latest requirements, employers should note that the revised Form I-9 is available on the USCIS website as of August 1, 2023. It is vital for employers to become familiar with the new version and begin transitioning to it. Starting from November 1, 2023, it is mandatory for all employers to use the revised Form I-9.

The announcement by the U.S. Department of Homeland Security of a remote verification option for E-Verify users, along with the release of a revised Form I-9, brings significant changes to the employment eligibility verification process. Employers should consider enrolling in E-Verify to take advantage of the remote verification feature and ensure compliance with employment eligibility requirements. Understanding and adhering to the revised Form I-9 is equally crucial to avoid penalties and maintain a compliant workforce. By embracing these changes, employers can streamline their hiring processes, achieve greater efficiency, and enhance their overall compliance with employment eligibility regulations.

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