USCIS Issues New Form I-9 and Allows Qualified Employers to Use Virtual Verification

On August 1, 2023, U.S. Citizenship and Immigration Services (USCIS) published an updated Form I-9, which is used to verify an employee’s identity and employment authorization. The updated form provides an optional alternative to the in-person physical document examination method, and a check box to indicate that an alternative verification process has been used. Only employers who are enrolled in E-Verify, and participating in good standing (“Qualified Employer”), will be able to use the optional alternative process which allows for virtual verification.

To use this optional remote verification method, the Qualified Employer must, within three business days of employment:

• Conduct a remote examination of the front and back (if the document is two-sided) of the employee’s identity and employment authorization documentation or acceptable receipt to determine if the documentation reasonably appears genuine;
• Conduct a live video interaction with the employee, who must present the same documentation to ensure that the documentation reasonably appears to be genuine and related to the employee;
• Indicate on Form I-9 that an alternative procedure was used to examine documentation to complete Section 2 (or for re-verification, as applicable);
• Retain copies (front and back) of all documents presented by employees; and
• In the event of a Form I-9 audit or investigation by a relevant federal government official, make available clear and legible copies of the identity and employment authorization documents presented by the employee for document examination in connection with the employment eligibility verification process.

Use of the virtual verification process is optional for Qualified Employers, but the employer must adopt the virtual I-9 process in a non-discriminatory manner. Qualified Employers may opt to use virtual verification for all employees at the same worksite, or use virtual verification for remote employees and physical verification for those who work on-site and/or in a hybrid capacity so long as the employer is consistent in its practice.

The updated Form I-9, effective August 1, 2023, is available here.

Employers may continue to use the old Form I-9 (edition date 10/21/19) through October 31, 2023. Starting November 1, 2023, all employers must use the new Form I-9 (edition date 08/01/23).