AlphaStaff has previously distributed several client communications on specific aspects of the new rules established by the Department of Homeland Security (DHS) for the Form I-9 process. Below is a comprehensive summary highlighting the latest Form I-9 developments. In addition, please see the list of Compliance Resources and details about a series of AlphaStaff sponsored “office hours” with Jackson Lewis at the bottom of the page.
Streamlined Form I-9
The Form I-9 has undergone some significant changes to streamline its format. For example, the new form has been reduced to one single-sided page, formatted so it can be completed using a tablet or mobile device, and the instructions to the form have been reduced to eight pages.
Employers must begin using this form by November 1, 2023.
-
- PrismHR has advised that AlphaStaff clients will see the new form loaded in the onboarding workflow on or about October 13, 2023. In the meantime, you can still take advantage of the alternative procedure using the previous version of the form by noting “Alternative Procedure” in Section 2 – Additional Comments of the Form I-9.
Remote Verification
The most welcome recent change to the I-9 employment verification process is the addition of a remote verification process. Under the previous Form I-9 rules, employers were required to physically examine an employee’s original identity and work authorization documents.
The new “alternative procedure” framework developed by DHS allows employers to remotely examine identification and work authorization documentation as an alternative to the physical inspection requirement. This alternative is only available to qualified employers who:
-
- are in good standing with E-Verify;
- have enrolled with E-Verify with respect to all hiring sites that use the alternative procedure; and
- comply with all E-Verify requirements.
If an employer does not currently participate in E-Verify, they must continue physically inspecting the necessary documentation until they have enrolled in the E-Verify program.
Several states, including Alabama, Arizona, Florida, Georgia, Indiana, Louisiana, Mississippi, Nebraska, New Hampshire, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, Utah, and West Virginia, also have laws addressing employment eligibility verification and immigration enforcement. Some of these jurisdictions mandate that private employers enroll and utilize E-Verify for newly hired employees. Please follow this link for a complete list of the requirements by jurisdiction.
E-Verify through HR Workcyles
If you are interested in enrolling in E-Verify, AlphaStaff can help you implement HR Workcycles, an E-Verify Solution that is fully integrated into the Prism onboarding workflow. HR Workcycles seamlessly uses the data entered into Prism during employee onboarding to generate a case through E-Verify. For more information on how to get started with HR Workcycles, contact your AlphaStaff HR Account Manager.
Further compliance considerations can be found in this article by Fisher Phillips.
Compliance Resources
Webinars by AlphaStaff’s Legal Partners
Our legal partners at Jackson Lewis and Fisher Phillips have each held webinars focused on the new Form I-9 and the changes to the related inspection mandates. These sessions also offer practical compliance considerations based on the new DHS rules. You can access the recorded webinars by following the below links:
Click here to request a copy of the webinar sponsored by Jackson Lewis.
Click here to access the webinar sponsored by Fisher Phillips.
I-9 and E-Verify Training
E-Verify and the USCIS have teamed up to provide a several helpful webinars on the latest topics. Please click here to register for any of the webinar sessions detailed below:
Employer Responsibilities
This webinar provides an overview of employee responsibilities during the E-Verify and Form I-9 employment eligibility verification process and is useful for employers completing the Form I-9 and/or using E-Verify. Topics include how to avoid discriminatory practices and a discussion of the consequences of failure to comply with Form I-9 requirements.
September 20, 2023, at 2:00 p.m. EDT
Remotely Examining Documents
This webinar provides an overview of the current guidance for remotely examining an employee’s original identity and work authorization documents.
September 6, 2023, at 11:00 a.m. EDT
September 19, 2023, at 3:00 p.m. EDT
October 3, 2023, at 3:00 p.m. EDT
October 19, 2023, at 2:00 p.m. EDT
If the above dates do not fit your schedule, E-Verify and the USCIS regularly host webinar sessions on various I-9 compliance considerations. Be sure to sign up to receive updates for new training webinars through E-Verify by clicking here.
Jackson Lewis Office Hours – Sponsored by AlphaStaff
If you have questions after attending these training sessions, AlphaStaff has partnered with Jackson Lewis to host several office hours to answer any compliance questions you may still have related to I-9 and E-Verify. Click the date to access the meeting link for each date.
September 21, 2023, 2:00 p.m. to 3:00 p.m. EDT
September 27, 2023, 12:00 p.m. to 1:00 p.m. EDT
September 28, 2023, 3:00 p.m. to 4:00 p.m. EDT