[ad_1]
The US Division of Homeland Safety (DHS) just lately introduced two significant changes regarding Form I-9, Employment Eligibility Verification. First, DHS is issuing a new version of Form I-9. Second, as of August 1, 2023, DHS will permit certified E-Confirm employers to make use of an alternative document inspection procedure when finishing § 2 or § 3 of Type I-9. Beneath this different process, E-Confirm employers could full doc verification remotely as an alternative of bodily analyzing the unique doc(s) throughout an in-person assembly with the brand new rent (or current worker throughout reverification).
New Model of Type I-9
Over greater than three a long time, employers have grappled with fourteen completely different variations of Type I-9. In our October 2022 post, we defined that DHS was making ready yet one more model of this sophisticated authorities type. DHS now is able to publish the brand new Type I-9 and can accomplish that on August 1, 2023.
The brand new Type I-9 incorporates a number of major changes:
- ·§ 1 and § 2 are on the identical web page with extra slender fields during which to write down solutions to the federal government’s questions when utilizing the paper model of Type I-9.
- The Preparer/Translator paragraph is now not a part of § 1, however as an alternative is a separate complement (Complement A). Employers should present Complement A when the brand new rent requires help to finish § 1.
- New hires and employers are now not required to enter “N/A” in fields that don’t apply. Employers had been beforehand topic to fines for failing to make sure “N/A” was entered.
- ·§ 2 incorporates a brand new checkbox within the Extra Info subject for employers to mark if they’ve examined paperwork utilizing a certified different process comparable to the brand new distant doc verification.
- ·§ 3 (for reverification or, in restricted circumstances, rehire) now not follows § 2. As an alternative, § 3 is a separate complement (Complement B).
- The I-9 Listing of Acceptable Paperwork now contains
- a abstract of when sure, legitimate receipts could also be accepted for paperwork listed underneath Listing A, Listing B, or Listing C; and
- a press release that DHS will take into account paperwork which can be prolonged by the issuing authority (e.g., a state division of motor automobiles) to be unexpired.
- The brand new I-9 directions are eight pages reasonably than fifteen pages. DHS has moved a few of the deleted content material to its Handbook for Employers and I-9 Central web site.
DHS is permitting employers three months to transition to the brand new model of Type I-9. Thus, employers could lawfully proceed to make use of the present model of Type I-9 (issuance date of October 21, 2019) by means of the top of enterprise on October 31, 2023. By November 1, 2023, all employers should use the brand new model of Type I-9 for brand new hires and reverifications.
Finest Observe Tip: Employers ought to use the transition interval (August 1, 2023, by means of October 31, 2023) to overview and develop into conversant in the brand new model of Type I-9 in addition to the brand new I-9 directions. Switching to the brand new model too rapidly will improve the chance of errors, which, in flip, could result in increased authorities fines.
New Distant Doc Verification Process an Choice for E-Confirm Employers in Good Standing
DHS has established a brand new I-9 distant doc verification process as an alternative choice to in-person bodily doc examination. Employers that want to use distant doc verification should be enrolled within the E-Confirm program and be in “good standing” on the time that they depend on the brand new process. This different process is accessible as of August 1, 2023.
Beneath the brand new I-9 remote document verification procedure, certified E-Confirm employers should take the next steps:
- Ask the brand new rent to overview the I-9 Listing of Acceptable Paperwork and choose a legitimate Listing A doc OR legitimate Listing B doc and legitimate Listing C doc of their alternative. For reverification, present the I-9 Listing and ask the present worker to current a legitimate Listing A doc OR legitimate Listing C doc to verify continued employment eligibility.
- After the worker selects the doc(s), ask the worker to ship to the employer “clear and legible” copies of the doc(s). If a doc is two-sided, the brand new rent (or current worker) should present the employer with copies of the entrance and again of the doc.
- Overview the clear and legible copies of the doc(s) to verify that they moderately seem real.
- After receiving and reviewing the doc(s), conduct a video assembly with the brand new rent (or current worker if on reverification). Throughout this video assembly, ask the brand new rent (or current worker) to indicate the unique doc(s) for which copies had been transmitted earlier. Evaluate the doc(s) introduced throughout the video assembly to the individual on the video display screen and to the knowledge acknowledged in § 1 of Type I-9. Verify that the doc(s) moderately seem real. If the brand new rent or current worker is counting on a legitimate receipt for a doc on the I-9 Listing, overview the receipt throughout the video assembly.
- Mark the checkbox within the Extra Info subject of § 2 to indicate that the employer used the distant doc verification process. If the employer continues to be utilizing the present Type I-9 (issuance date of October 21, 2019), write “Various Process” within the Extra Info Subject.
- Well timed open the E-Confirm case inquiry following completion of Type I-9. Beneath present legislation, E-Confirm employers are required to open an E-Confirm case inquiry by the top of the third enterprise day after rent. Employers ought to not open E-Confirm inquiries when reverifying Type I-9.
- Retain the clear and legible copies of the doc(s) with the finished Type I-9. Produce the Type I-9 and the copies to the federal government throughout an I-9 inspection or enforcement motion.
- Take part within the coaching provided by the E-Confirm program. This coaching contains fraud consciousness, anti-discrimination guidelines, and periodic coaching updates.
E-Confirm employers are usually not required to make use of the I-9 distant doc verification process. If E-Confirm employers select to make use of this new process, they could accomplish that for all workers or for less than these Types I-9 related to workers who’re working remotely. Employers should apply I-9 procedures pretty and persistently. Due to this fact, employers shouldn’t require sure distant workers to seem in-person on the firm’s workplaces to finish the I-9 course of whereas permitting different distant workers to finish the I-9 course of utilizing the brand new distant verification process.
Finest Observe Tip: Employers ought to comply with the normal in-person, bodily doc inspection process for workers who report back to the employers’ facility and use the brand new different process just for workers who work remotely. To guard the integrity and safety of the I-9 system, DHS will fastidiously monitor employers’ use of the brand new different process. Even with the heightened authorities monitoring, the distant doc process is a a lot better alternative for employers than hiring a neighborhood third-party agent. With distant doc verification, employers have a greater alternative to attain I-9 compliance.
We’ll proceed to replace you on the newest I-9 developments. Please contact your Foley & Lardner LLP Labor and Employment legal professional with questions.
[ad_2]
Source link