Now, US employers can remotely verify employee’s identity & employment eligibility

MUMBAI: US Citizenship and Immigration Services (USCIS) requires employers to use Form I-9 to verify the identity and employment eligibility of individuals (both citizens and non-citizens) hired in the US. This is also the form which is used to verify employees sponsored under the H-1B program. Traditionally, this verification required in-person examination of documents (A temporary remote inspection was available during the Covid-19 pandemic). However, a new rule effective from August 1, 2023, allows certain ‘qualified’ businesses to remotely review these documents.

These employers, who are enrolled in E-Verify, can use live video interaction for remote verification. The process involves examining copies of Form I-9 documents, conducting a live video interaction, indicating the use of the alternative procedure on Form I-9, and retaining copies for audits.
A revised Form I-9 was introduced on August 1, 2023. It’s single-sided, accessible on devices, includes acceptable receipts, and has a checkbox for remote examination under the new procedure.

Employers can use the old version until October 31, 2023, but from November 1, 2023, the new version is mandatory.
Qualified employers must apply the alternative procedure consistently and avoid discrimination. If offered at an E-Verify site, it should be provided uniformly. Non-discriminatory practices are crucial, and employers must complete a free E-Verify tutorial on anti-discrimination.
Employers must retain Form I-9 for three years after hiring or one year after employment ends. Inspections can be conducted by authorized officials with a three-day notice. Employers found non-compliant can face penalties.
The new Form I-9 simplifies the process and allows remote document verification for E-Verify participants in good standing. It must be used by employers from November 1, 2023, onwards, with a grace period until October 31, 2023, to transition from the old form.