Global Mobility & Immigration Law

On August 1, 2023, U.S. Citizenship and Immigration Services (USCIS) will introduce a revised version of Form I-9 Employment Eligibility Verification. One of the enhancements to the form includes a checkbox that allows employers enrolled in E-Verify to signify that they conducted a remote examination of identity and employment authorization documents using an alternative procedure authorized by the Department of Homeland Security (DHS), as detailed below.

The introduction of the revised Form I-9 follows the DHS's final rule announced on July 21, 2023, which acknowledges the conclusion of temporary COVID-19 flexibilities as of July 31, 2023. Before the Form I-9 flexibilities were implemented during the COVID-19 emergency, employers were required (without exception) to physically examine a new hire's documentation within three business days after the first day of employment. The COVID-19 Form I-9 flexibilities provided a temporary exception to this physical examination requirement in order to account for the realities of remote and work from home arrangements dictated by the pandemic. The new DHS ruling allows employers to have a permanent option for remotely verifying employment eligibility documents beginning August 1, 2023.

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