A new edition of the Form I-9 was recently published allowing employers who are enrolled in E-Verify and in good standing to virtually inspect the identity and work authorization documents presented by new hires. The newly announced change incentivizes employers who are not otherwise required to use E-Verify by state or local law or a federal contract with the Federal Acquisition Regulation (“FAR”) E-Verify clause to voluntarily enroll in E-Verify in order to take advantage of virtual inspection.
The announcement is welcome relief in light of the temporary Form I-9 flexibilities which came to an end on July 31, 2023. Under the temporary Form I-9 flexibilities, employers with employees taking physical proximity precautions due to the COVID-19 pandemic were allowed to temporarily defer physical examination of the employees’ identity and work authorization documents and, instead, examine the documents virtually by video link, fax, or email.
Employers who took advantage of the temporary Form I-9 flexibilities have until August 30, 2023 to perform another examination of any identity and work authorization documents which have been examined only virtually to date. In light of the recent announcement, those employers who were already enrolled in E-Verify and who submitted a case in E-Verify at the time of the virtual inspection completed as part of the temporary Form I-9 flexibilities may undertake the subsequent examination of the documents virtually utilizing the new edition of the Form I-9. However, those employers who were not must undertake the subsequent examination of the documents in person rather than virtually.
Overview – What is Form I-9 and E-Verify?
Form I-9, Employment Eligibility Verification, is used to verify the identity and employment authorization of individuals hired to work in the United States. Federal law requires employers to have their new hires complete Section 1 of the Form I-9 no later than their first day of employment. Thereafter, employers must examine the identity and work authorization documents presented by their new hires and complete Section 2 of the Form I-9 within three business days of their first day of employment. If employees present temporary work authorization, employers must reverify their employment authorization via Section 3 of Form I-9.
E-Verify is a free online tool that may be used to electronically verify the identify and employment authorization information captured on the Form I-9. The purpose of E-Verify is to improve the accuracy and integrity of the employment verification process by matching employee information provided on the Form I-9 against records available from the Social Security Administration (“SSA”) and the Department of Homeland Security (“DHS”). Similar to Forms I-9, employers who utilize E-Verify must do so within three business days of the employee’s first day of employment.
