Complying with the NEW I-9 and E-Verify Regulations

All United States employers are required to make sure potential employees and current employees are legally allowed to work in the United States. Different states have different and specific requirements, but all federal employers are required to use the I-9.

It is important to make sure you are following the requirements relevant to your state and business, but it can be surprisingly difficult to keep up to date on the latest requirements.

2023 has seen some updates to the I-9 and its requirements, so let’s take a closer look at what those changes are, and what that means for employers who use it.

What Is The I-9

The I-9 is a form that is used to make sure people who work in the United States are legally able to do so. It excludes people who are visiting the country on a non-work visa (people who are supposed to be here on vacation or another visit). Submitting an I-9 allows employers to make sure a new hire is a legal hire.

Depending on the situation, employers may also be required to re-verify at different points, though that is not always a requirement.

I-9s have been used since the Immigration Reform and Control Act of 1986.

The IRCA prohibits:

• Knowingly hiring an immigrant who is not authorized to work.
• Hiring any individual without verifying work authorization.
• Continuing offering employment after you (the employer) know that the employee is not or has lost their work authorization.
• Knowingly forging or falsifying any documentation to satisfy immigration-related requirements.

Among several other important requirements.

During the Covid 19 pandemic, E-Verify was given more temporary flexibility in order to make it easier for employers to meet the requirements during the pandemic. However, earlier this year, it was announced that employers needed to physically inspect the documents that had previously been allowed to be examined remotely.

At the same time, a new version of the E-Verify process has been approved for use starting August 1, 2023, and can be used in the future, until a new process replaces this one.

New E-Verify Regulations

The good news is that the new E-Verify process is actually simpler and easier than the processes it is there to replace. The instructions are only a single page long, making it easier for both employees and employers to understand and make sure they are in compliance.

You need to enroll in the E-Verify program or use your current membership.

To qualify as a successful E-Verification you need to remotely examine employee I-9 documents via Live Video. Still, images or pre-recorded videos do not qualify.

During that video, you will select the I-9 form, and use the annotate option to add the date, and check the additional information field, then, if you used the previous I-19 (valid through 10/21/2023), write alternative procedure in the additional information field. This step is not required if you are using the most recent version of the I-9.

Retain all documents you examined, and create a case in E-Verify to complete the process.

What Does This Mean For You?

The nice thing about these changes is that they do create a process that makes things easier moving forward, while still maintaining the requirements originally set down in the IRCA. This process should be easier for employers and employees both.