On July 21, 2023, the Department of Homeland Security (DHS) announced several changes to Form I-9 in an effort to modernize the verification of employment eligibility. Currently, an employee must physically bring authorization documents to their employer, and the employer must examine the documents and verify that the employee is eligible to work. However, beginning August 1, 2023, the DHS will permit employers who participate in E-Verify and are in good standing to conduct the verification process remotely. The reality of so many employees working remotely largely influenced this change.

The remote verification option will be available to all employers who are enrolled in E-Verify and participate in good standing. If an employer is qualified to use remote verification, they have the option to verify employees remotely or in person. If the employer elects to offer remote verification to some new employees, they must do so consistently for all employees at that site. A qualified employee could also elect to only make the remote verification available to remote employees. The key for the employer is to adopt a consistent policy regarding when remote verification is offered so that the employer does not inadvertently adopt a practice with a discriminatory purpose or treat an employee differently based on a protected characteristic.

Within three days of the employee’s first day of employment, a qualified employer who elects to utilize remote verification must: (1) examine copies of Form I-9 documents to ensure that the document reasonably appears to be genuine; (2) conduct a live video interaction with the employee presenting the document to ensure the document reasonably appears to relate to the employee; (3) indicate on the Form I-9 that the remote verification was utilized; (4) retain a legible copy of the documentation; and (5) in the event of a Form I-9 investigation or audit, make the relevant documents available to the government auditor or investigator.

In addition to the remote verification, the DHS also introduced a new Form I-9. This new Form was redesigned to fit on one page and made accessible by mobile phone and tablet. This Form will be available for employers to implement beginning August 1, 2023, and employers must use this new form beginning November 1, 2023.