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On July 21, 2023, the U.S. Department of Homeland Security (“DHS”) published a new, optional procedure allowing remote, rather than in-person, physical examination of documents for Form I-9, Employment Eligibility Verification. Dubbed the “Remote Form I-9 Alternative Procedure,” this option is only available to employers enrolled in the E-Verify system that are in good standing starting August 1, 2023. To conduct Form I-9 document verification remotely, eligible employers need to ask employees to transmit a copy of their identification documents. Upon receipt, the employer is required to conduct a live video meeting with the employee where the employer verifies the previously submitted documents. Employers in good standing with E-Verify are also allowed to use an authorized representative or a third-party vendor to inspect the employee’s documents. On August 1, 2023, DHS will also be publishing a revised Form I-9 which will include a checkbox for employers enrolled in E-Verify to indicate they remotely examined the identity and employment documents. Employers may continue using the current Form I-9 (edition date 10/21/19) until October 31, 2023. However, from November 1, 2023, the new Form I-9 that is being published on August 1, 2023, is mandatory for all employers. Employers that used E-Verify to verify Form I-9 documents remotely during the COVID-19 remote inspection flexibility period (from March 20, 2020, to July 31, 2023) need to complete the physical document inspection component by August 30, 2023, either in person or remotely via a video conferencing platform such as ZOOM, Microsoft Teams, Google Meet, Skype, etc. Employers that were not enrolled in E-Verify during the temporary COVID-19 flexibility period must conduct an in-person examination by August 30, 2023. Employers not participating in E-Verify would benefit from reviewing our recent Employment Law Alert which details how employers can use an “authorized representative” for Form I-9 compliance and offer insights into how to complete the Form I-9. The full text of the Remote Form I-9 Alternative Procedure can be accessed here. If you have any questions about this Alert, we encourage you to contact your Shulman Rogers attorney for solutions and recommendations.
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