By John Fay
On July 21, the Department of Homeland Security (DHS)
announced three major updates that will affect how employers handle
their Form I-9 processes moving forward. Here are the major changes
that were announced:
Virtual inspections: On July 21, 2023, DHS announced a final
rule which provides qualifying employers an “optional
alternative procedure” (i.e., a virtual process) for examining
identity and employment authorization documents presented by
employees for the Form I-9. This new virtual option can be used by
eligible employers starting August 1, 2023. The optional procedure
has both pros and cons for internal HR teams looking to satisfy
their I-9 requirements and there are conditions for
New Form I-9: DHS also
announced that they will publish the new Form I-9
version on August 1, 2023, which will include a new checkbox
for indicating that documentation was examined using the new
alternative procedure. Employers must begin using this form
version no later than November 1, 2023. In other words, employers
have a grace period until October 31, 2023, where they can
continue to use the 10/21/19 version of the form.
COVID-19 cleanup: And last but not least, certain
employers may also be able to use the new virtual verification
process to satisfy the physical inspection requirement associated
with their COVID-19 virtual
I-9s if certain conditions are met. You may recall that these
reinspections must be completed by August 30, 2023.
Since this is such big news and the changes may be hard for
employers to keep up with, we recently hosted a webinar where we
discussed these announcements and their possible ramifications. John
Fay, our self described I-9 enthusiast and subject matter expert, led
the discussion and answered questions from attendees.
Click the link below to view the webinar on demand.
If you have any questions about managing your I-9s for your
organization, take a look at our I-9 HQ suite of services, or learn
more by downloading our HR Checklist for I-9 Enforcement.
The information provided is intended as general
guidance and is not intended to convey any tax, benefits, or
legal advice. For information pertaining to your company and
its specific facts and needs, please consult your own tax
advisor or legal counsel. Equifax Workforce Solutions
provides services that can help employers reduce their
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