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Immigration Insider | July 2023

July 26, 2023

Revised Form I-9 and Verification Procedures

As a reminder, by August 30, 2023, employers must complete in-person physical inspection of employee documents that were reviewed remotely pursuant to flexibilities permitted by the Department of Homeland Security (DHS) during the COVID-19 pandemic.

U.S. Citizenship and Immigration Service (USCIS) recently announced that a new version of the I-9, Employment Eligibility Verification form will be available on August 1, 2023, and must be used by all employers by November 1, 2023.

In addition, the new regulations provide a process for employers who are registered for E-Verify to continue to remotely examine identity and employment authorization documents. Note:  This new process only applies to employers who are registered for the E-Verify program. In addition to being enrolled in E-Verify, employers using this process must examine and retain copies of all documents presented (which should be sent to the employer by the employee prior to the required live video call); conduct a live video interaction with the employee, wherein the employee will again show the documents; and create an E-Verify case if the employee is a new hire. E-Verify employers are not required to utilize this process and can continue to physically review documents – but the process used (remote vs. in-person) must be applied consistently and without discrimination.

If you have questions regarding this new process, I-9 completion, retention, or audits, please contact us.

Rescheduling Biometrics

As it continues efforts to streamline application processes, USCIS recently announced a new online self-service tool to allow applicants to reschedule biometric appointments. The new tool cannot be used to reschedule an appointment that already has been rescheduled two or more times, is within 12 hours, or that has already passed. The reschedule request can be made within the USCIS online account, for which individuals can register when they file immigration applications.