As of November 1, 2023, an important change has taken effect for employers - the mandatory use of the latest version of Form I-9. While this new form has been available since August, this transition deadline marks a significant shift in employer requirements. The update aims to streamline the verification process, making it more efficient and convenient for both employers and employees.

In this blog, we'll look into the details of the new Form I-9 and explore its implications for employers and employees alike.

Understanding the Recent Changes

The latest iteration of Form I-9 doesn't introduce groundbreaking changes to the obligations of employers and employees regarding work authorization verification. Instead, it introduces a fresh, more user-friendly design. The most noticeable change is the consolidation of Sections 1 and 2 into a single page. This streamlined format simplifies the completion process, reducing paperwork and saving time.

In addition to the condensed format, the Lists of Acceptable Documents have undergone some minor revisions to ensure that document requirements remain current and up-to-date. However, the most notable change, particularly for employers with remote hires, is the introduction of a new checkbox. Eligible employers must check this box if they've examined the employee's documents remotely. This aligns with the newly authorized alternative procedure for qualified E-Verify employers.  

Meeting Employer Needs  

Form I-9 has historically required employers to physically examine an employee's original identity and work authorization documents, presenting challenges for businesses with remote hires. To address this, the Department of Homeland Security (DHS) introduced an alternative document examination framework as an optional method to the traditional in-person, physical document examination.

These changes represent a continued effort to make the verification process more accessible and efficient, adapting to the ever-evolving needs of employers. They underscore the government's commitment to reducing compliance challenges, especially for businesses with geographically dispersed workforces.

Preparation and Compliance

Completing Form I-9, while improved, can still be deceptively complex. It's essential to remember that even a seemingly straightforward one-page form requires eight pages of instructions, two supplements, and a 146-page handbook on how to complete the form, and carries the potential for significant monetary and criminal penalties. The complexity should underscore the importance of remaining compliant.

For employers, now is the time to review and update training and policies related to Form I-9 and the E-Verify process. If your company uses an electronic I-9 provider, it's crucial to ensure that the system has incorporated the new changes and complies with DHS requirements, including audit trails.

Moreover, this presents an opportunity to reevaluate the advantages and disadvantages of E-Verify. Employers should consider the new remote verification option for E-Verify employers. This provides a streamlined approach to employment verification, especially in accommodating remote work arrangements.

Staying Prepared in Real Time  

As we've entered November, employers must already be using the latest Form I-9. Staying prepared is key. To ensure compliance and a smooth transition, consider these steps:

• Review Your Processes: Evaluate your organization's current practices in completing Form I-9. Ensure your HR team is well-versed in the latest requirements.

• Update Policies: If necessary, revise your internal policies and guidelines related to employment verification to align with the changes.

• Verify Electronic Systems: For those using electronic I-9 providers, confirm that your system is up-to-date and fully compliant with the new requirements.

• Education and Training: Conduct training sessions for HR and staff involved in the I-9 process. Ensure they understand the changes and know how to implement them.

• Explore E-Verify: Consider the advantages of E-Verify, especially the new remote verification option. Determine if it aligns with your organization's goals and needs.  

Summing Up

With the transition date now in effect, it's imperative for employers to embrace the new Form I-9. These changes have been designed to simplify the work authorization verification process and reduce paperwork. However, compliance remains paramount, and employers should ensure their practices and systems are in line with the latest requirements.

Staying prepared and vigilant is essential. These updates underscore the need for employers to remain well-informed and up-to-date in this ever-evolving regulatory landscape. By doing so, employers can navigate the complex employment verification processes with confidence and accuracy.

OnBlick will continue to monitor updates on the new Form I-9 and offer more details as they become available. If you wish to know more about OnBlick’s I-9 Assist, please get in touch with us for further details.