I-9 Archives - Lake Effect HR

I-9

USCIS Releases New Form I-9

As promised, the United States Citizen and Immigration Services (USCIS) has published a new Form I-9. Employers may continue to use the current Form I-9 through October 31, 2023, but must implement the new form after that date or face penalties. Please see Lake Effect's prior blog for detailed information about the specific revisions made to Form I-9. USCIS has also provided new instructions for the revised Form I-9 and updated its Handbook for Employers with further guidance for completing the new form.

Section 4.0 of the USCIS Handbook for Employers sets forth detailed requirements for employer review and verification of acceptable I-9 documentation. Section 4.5 confirms that employers who are participants in good standing in E-Verify may utilize an optional procedure for remote examination of I-9 documents as an alternative to the in-person physical examination historically required of all employers (except for during the time period covered by the COVID-19 flexibilities). If an E-Verify participant employer uses the alternative procedure, it must offer the option to all employees. Note that employers who do not participate in E-Verify are not eligible to use the remote examination procedures and must continue to inspect acceptable documents in-person, including in-person verification by an authorized representative for remote employees.

If you would like assistance or guidance in completing new Form I-9s, complying with the Form I-9 identification or retention requirements, or conducting internal I-9 audits, please contact Lake Effect at info@le-hrlaw.com or 1-844-333-5253.

Lake Effect is here to answer all your questions about employment laws, regulations, and new agency guidelines. We continue to monitor important legal and HR developments, as well as other information that could impact the workplace. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

Human Resources / Legal - 08/02/2023

Expect Revised I-9 Form August 1, 2023

The U.S. Citizenship and Immigration Services (USCIS) is expected to publish a revised version of Form I-9, Employment Eligibility Verification, on August 1, 2023. Employers must begin using the new version of the Form I-9 by November 1, 2023. According to the USCIS announcement, the revised Form I-9 will:

Reduce Sections 1 & 2 to a single-sided sheet;
Be designed to be filled in as a form on tablets and mobile devices;
Move the Section 1 Preparer/Translator Certification to a standalone supplement to be provided to employees when necessary;
Move Section 3 Reverification and Rehire to a standalone supplement to be printed if necessary;
Revise the Lists of Acceptable Documents page to include some acceptable receipts and provide guidance and links to information on automatic extensions of employment authorization documentation;
Reduce Form instructions to 8 pages; and
Include a checkbox allowing employers who are E-Verify participants in good standing to indicate that they remotely examined identity and employment authorization documents instead of reviewing documents in person, under a specific alternative procedure authorized by USCIS.

USCIS also noted that employer-participants in E-Verify who created an E-Verify case for an employee and performed a remote examination of that employee's Form I–9 documentation during the COVID–19 flexibilities (between March 20, 2020 and July 31, 2023) can use the new alternative procedure to satisfy the required physical examination of that employee's documents by August 30, 2023. Please see Lake Effect's prior blog on the physical examination deadline and requirements. USCIS also confirmed that employers do not need to complete the new Form I–9 for current employees who already have a properly completed Form I–9 on file unless reverification applies.

Employers can expect further guidance on the new Form I-9 and inspection procedures when the new form is released on August 1, 2023. Lake Effect HR & Law will continue to follow this issue and will provide updates as needed. If you would like assistance or guidance in complying with the Form I-9 identification or retention requirements or internal I-9 audits, please contact Lake Effect at info@le-hrlaw.com or 1-844-333-5253.

Human Resources / Legal - 07/26/2023

Remote Verification of Form I-9 Documents ending July 31, 2023

Employers need to inspect remotely verified Form I-9 documents in-person by August 30, 2023

As mentioned in previous blogs, employers with a remote workforce have been allowed to verify acceptable Form I-9 documents virtually rather than in person, dating back to the start of the pandemic in March 2020. The Department of Homeland Security (DHS) and US Immigration and Customs Enforcement (ICE) announced that the temporary option to review acceptable documents remotely will end effective July 31, 2023. This reversion to pre-pandemic procedures for I-9 verification will require time-sensitive actions, and employers need to start planning now.

For employees hired beginning March 2020: If an employer completed page 2 of the I-9 by virtually verifying the documents establishing identity and employment authorization, they will need to have the employee bring in their documents so they can be verified in person. In-person verification needs to be completed for all impacted I-9 forms by August 30, 2023. When the employer’s representative inspects the documents in person, they should document the following in the “Additional Information” box on page 2:

notation of “documents physical inspected”
the date of inspection
initials of the individual who completed the inspection

It is important to note that employees may use the same documents that they had presented virtually, or they may use other accepted documents as allowed by the DHS and ICE. If the employee provides different documentation, the new information should be listed in the appropriate List A or List B and List C columns, with notes indicating the changes in the “Additional Information” box.
As of July 31, 2023, employers will need to return to the process of verifying forms of identification for the Form I-9 in person. Although DHS is currently reviewing options for possible remote verification of documents in the future, no such changes have been finalized or announced. Lake Effect HR & Law will continue to follow this issue and will provide updates as needed.

If you would like assistance or guidance in complying with the Form I-9 identification requirements or internal I-9 audits, please contact Lake Effect at info@le-hrlaw.com or 1-844-333-5253.

Human Resources / Legal - 06/06/2023

Employers Take Note: Updates on Required Federal Forms and Reports

Form 1-9
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have extended the flexibility in complying with requirements related to Form I-9 until October 31, 2022. See our earlier blog for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.

EEO-1 Component Data Report
On April 12, 2022, the EEOC announced that data collection for 2021 EEO-1 Component 1 filing is now open. Private employers with 100 or more employees must file and certify their EEO-1 Component data report(s) by May 17, 2022.

Employers can visit the EEOC’s dedicated website to access the EEO-1 Component Online Filing System and obtain other resource materials. The EEOC has also created a new Filer Support Team Message Center to answer questions and assist employers.

We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please keep watching our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

Human Resources / Legal - 04/28/2022

I-9: Extension to Remote Validation

** Update December 2021**

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have extended the flexibility in complying with requirements related to Form I-9 until April 30, 2022. See our earlier blog for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.

Human Resources / Legal - 12/23/2021

Remote I-9 Validation

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) extended the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. The temporary guidance was set to expire March 31 and has been extended to May 31, 2021 due to ongoing precautions related to COVID-19. Employers and workplaces operating remotely can continue to inspect the Section 2 documents of the Form I-9 virtually through May 31, 2021.

COVID-19 Resources / Human Resources - 03/27/2020