New I-9 Form Required
The new I-9 Form has been released! Along with this new form comes another (overdue) change from the DHS: permanently allowing an "alternative inspection procedure", letting employers receive IDs virtually, and forego the previously required physical inspections.
So what do you need to do and know as a result of these changes?
Employers should start using the new I-9 Form ASAP which has been streamlined and simplified. Employers have until October 31st, 2023 to adopt the new form, and failing to use the new document after this date will result in potential penalties.
A new page, supplement B, has been created to use when rehire occurs or reverification is required.
Section 1 (Employee portion) and Section 2 (Employer portion) have been combined onto one page.
If you wish to use the alternative inspection procedure in lieu of physical inspections of documents, you must meet certain requirements. These include:
You must be an E-verify participant in good standing. Don't know what E-Verify is? Check it out here.
You must continue to receive and inspect required IDs electronically within 3 days of hire and use them to complete Section 2 of the I-9. You also are required to keep a copy of these IDs on file (this retention is not required for traditional ID physical inspection or completion)
Also within 3 days of hire, you must conduct a live video with the new hire, during which the individual must present the same documents as provided electronically and confirm the IDs appear to be legitimate.
You must check the "alternative procedure used" box when completing Section 2.
You should define a standard for when the Alternative Inspection process will be used vs. physical inspections, that is not discriminatory in nature. (ie for all remote hires, all hires in a certain work location, etc.)
You can find the new I-9 and more details on changes and instructions here. Employers should immediately update all onboarding packets and documents to reflect this change ASAP. Penalties for failing to complete I-9s, using wrong forms, and making other mistakes on the paperwork can be steep- we’re talking thousands of dollars per employee error. For that reason, this is arguably the most important piece of new hire paperwork to get right. If you have questions about your process and compliance now or into the past, we encourage you to reach out.
