What to Expect from the New I-9 Form

If you’ve ever been pinged by state, local, or federal regulators for a compliance inspection or audit, you know how terrifying the feeling can be. It puts knots in your stomach that you have only so much control over untying. With the new I-9 With the use of the new Form I-9 becoming mandatory as of November 1, 2023, we thought we’d try to spare you that feeling as best we can.

Lift HCM has already taken steps to ensure our own compliance for clients on whose behalf we administer Form I-9. We’ll take you through some of the changes you can expect to the verification process and outline some action items to implement upon reading our guide.

Who Should Care the Most

The Department of Homeland Security has recently implemented substantial updates aimed at modernizing the I-9 employment verification process. While there are several changes which simplify and consolidate sections of the form,  the most impactful changes apply to companies hiring remote employees or who would benefit from the remote submission of employment verification documents.

Alternative Verification Option

Among these changes is the rollout of an alternative procedure which allows for the remote submission and verification of documents. You must enroll in the E-Verify employment eligibility program and be in good standing to use the alternative verification option.

Alternative I-9 Verification Process

You (as an employer) or an authorized representative (such as a third-party service provider) must complete the following steps within three business days of your employee’s first day.

1. Examine the front and (if applicable) back sides of the documentation^* an employee is required to submit to verify their eligibility for employment. Ensure that this documentation appears to be authentic and submitted in good faith.
2. Join a live video call with the employee in which they show the same documents. Compare the documents shown live to those they have submitted to confirm that they match.
3. Check the box on the new I-9 which indicates that you’ve used the new alternative procedure.
4. Keep legible copies of all documentation submitted during this process on file for whichever period of time adheres to the guidelines for regulatory compliance to which your business is beholden and be ready to present these records in the event of an audit.
5. If the employee is a new hire, you must create a case for them on E-Verify.

^* A list of items permitted for use as an acceptable receipt in lieu of this documentation is included on the new I-9. 

Stipulations for Using the Alternative I-9 Verification Option

There are a few stipulations to which you must agree when choosing the alternative option for verifying employees:

• You must either offer the alternative to all employees, or…
• You offer the alternative to remote employees (requiring hybrid and onsite employees to follow the procedure for physical verification) provided you don’t do so for a discriminatory purpose, and
• You must allow employees who cannot share documentation via the alternative option to submit their documentation for physical review.

Additional Changes to the I-9 Form

Additional changes to the new Form I-9 are listed below:

• Sections 1 and 2 of the previous form have been condensed to fit on one side of a single page.
• Form instructions have been reduced to eight pages (down from 15).
• The Preparer/Translator certification component previously found in Section 1 now exists as a standalone supplement provided to employees on an as-needed basis.
• What was formerly Section 3, “Reverification and Rehire” is now available as a supplement which employers can provide on an as-needed basis.
• The Lists of Acceptable Documents page has been revised to include items permitted as acceptable receipts in lieu of the required documentation. These revisions also introduce guidance and resources pertaining to extensions of employment.
• Revisions have been made to ensure you can download the form and complete everything on tablets and mobile phones.
• You must now check a box to indicate whether an employee’s I-9 documentation was examined via the new alternative option and not via physical review.

I-9 Action Items for Business Owners

So what should you do after you finish reading this helpful little guide? Here are a few action items to consider:

• Communicate these changes to all staff members involved in the I-9 verification process.
• Update any internal or onboarding documentation which describes or links out to a digital copy of Form I-9.
• Update all relevant policies in your employee handbook.
• If you use a third-party provider to administer Form I-9, ensure they comply with these changes and will be able to provide the necessary materials in the event of an audit.
• Discuss the E-Verify with your lawyer or immigration counsel to determine whether enrollment is the best course of action.

Staying up to date with changes like these can be stressful. Lift HCM has been managing payroll, onboarding, employment verification, and more for over 50 years.  This article is just one of the many helpful resources we’ve published to help businesses like yours keep compliant with federal employment laws. If you’re interested in outsourcing your employment verification to a third-party provider, contact our team to schedule a consultation.