New Form I-9 (August 2023 Version)

On Friday, July 21, 2023, the United State Citizenship and Immigration Services (USCIS) made an announcement regarding Form I-9 requirements. Here are the highlights: 

New Form I-9

• A new Form I-9 (the August 2023 version) is available! Links to the new form (both Spanish and English versions, and instruction pages) can be found here.
• Employers must begin using the August 2023 version of Form I-9 no later than November 1, 2023. The 2019 version of the Form I-9 can be used without penalty through October 31, 2023.
• The August 2023 version of Form I-9 and the Instructions for Form I-9 are shorter than prior versions. 

Remote Inspections for E-Verify Employers

• According to the Federal Register, employers “who are participants in good standing, in E-Verify” will be allowed to use an “alternative procedure to the in-person physical examination of the documentation presented by individuals seeking to establish identity and employment authorization for the purpose of completing the Form I–9, Employment Eligibility Verification (Form I–9).”
• In short, the “alternative procedure” is essentially a remote inspection of the documents.
• The August 2023 version of Form I-9 includes a checkbox that must be checked when a remote inspection is completed by an E-Verify employer. Remote inspections by qualified E-Verify employers require the following: 1) Remote examination of the front and back of the documents, 2) Live interaction with the employee to present the documents, 3) Checking the appropriate box on the new Form I-9 to clearly document the remote inspection, and 4) Retention of complete copies (all sides) of the documents.

Remote Inspections for All Employers?

While the recent announcement does not allow remote inspections for all employers, the good news is we believe it’s setting the stage to allow remote inspections for all employers. We will keep an eye on this and report back!

HRT Northwest: Your Northwest HR Team

Seattle: (253) 642-7372 | info@hrtnorthwest.com