What Employers Should Know About the Updated Form I-9

Understanding Why the I-9 Form Was Changed

The I-9 form was changed to streamline it and make it easier to fill out on mobile devices. The new rules also consider that many employees are now remote, and companies need authorized ways to verify remote workers' eligibility to work. Therefore, the new form now includes a checkbox that the company can use to let the USCIS know that an alternative verification procedure was used to check the new hire's eligibility documents, like their driver's license, passport, birth certificate, and social security card.

Remote Verification Processes That Have Been Implemented

In the past, employers could only verify a potential employee's documents in person by looking at the physical documents. Over the last three years, it's been necessary to allow employers to verify documents in other ways, especially when data processing and tech employees were sent home to work and companies needed to hire more employees without physically being in the same room.

This led to temporary policies that allowed employers to verify documents via fax, video, email, and by proxy via a notary or lawyer. Today, many employers have shut down their physical offices and are keeping their employees remote. The USCIS and DHS have recognized this and created a new I-9 alternative procedure and an I-9 remote form to help these employers with onboarding.

Employers, who are in good standing and use E-Verify, are authorized to keep using this method to verify their new employees' eligibility to work. To maintain compliance, employers must conduct a live video interview with each employee. They must collect and keep all copies of the employee's verification documents and create and maintain E-Verify cases.

It's important to note that employers must still complete Section 2 within three days of the employee's hire date. Supplement A must also be completed if a translator or preparer has been used to help the employee fill out their I-9. Supplement B must be filled out if an employer needs to reverify an employee's eligibility or if the employee is being rehired.

In addition to these requirements, businesses must be ready to show all their I-9 forms and supplemental documentation during inspections by the DHS, Department of Labor, and the Department of Justice.

Specific Changes on the I-9 Form

The I-9 update included many changes to the form and the directions, and it's essential to understand what was changed and how it affected filling out the form.

• The Anti-Discrimination Notice at the top of the I-9 form was updated.
• Sections 1 and 2 are now on a single side of the page.
• Section 1 changed the term "alien authorized to work" to "noncitizen authorized to work."
• The terms "noncitizen authorized to work" and "noncitizen national" were clarified and defined to highlight the difference between the two terms.
• No fields were removed from the form. However, many fields were merged into other fields to simplify and streamline the form.
• Supplements A and B were created, each given its own page.
• The form was optimized to ensure it could be filled out on various mobile devices, like smartphones and tablets.
• The list of acceptable documents was revised and updated to include receipts for damaged, lost, or stolen List A, B, and C documents.
• The instructions for filling out the I-9 was reduced from 15 to 8 pages.
• A checkbox was added so that employers can indicate they've used an alternative procedure to verify I-9 eligibility documents.
• The abbreviation charts were moved to the Handbook for Employers: Guidance for Completing Form I-9.

Where to Get the New I-9 Form

The updated I-9 form can be found on the Department of Homeland Security's website as a downloadable and printable PDF. The I-9 form can be downloaded in English and Spanish.

How Exact Payroll Can Help Your Company Stay Compliant

It's no surprise that employment laws are constantly changing, and it can be tough to stay up-to-date and compliant. Thankfully, we can help you maintain compliance with all your new hire paperwork, even employment eligibility verification and the new I-9 form and requirements. We also offer benefits enrollment and tracking, attendance tracking, applicant and recruiting tracking, PTO tracking, and risk assessments for AI via our human resources services.

To learn more about how we can help you streamline your human resources and ensure compliance with the DHS and Department of Labor, call us today at 866-987-9898.