The Form I-9, Employment Eligibility Verification, is a critical document in the United States, used by employers to verify the identity and employment authorization of individuals hired for work. In 2023, significant updates to the Form I-9 process have been implemented, reflecting both technological advancements and shifts in the workforce dynamics, particularly in response to the COVID-19 pandemic.

From November 1, 2023, employers must use the revised Form I-9, dated 08/01/23, for the employment eligibility verification process​​​​. This updated form marks a significant change from previous practices, accommodating the increasing prevalence of remote employment and the need for more flexible verification processes​​.

The United States Citizenship and Immigration Services (USCIS) introduced several notable updates in the new Form I-9:

The form has been streamlined and shortened, with Sections 1 and 2 reduced to a single-sided sheet. No fields were removed; instead, multiple fields were merged into fewer fields where possible​​.
The Preparer/Translator Certification area in Section 1 and the Reverification and Rehire area in Section 3 have been moved to separate, standalone supplements (Supplement A and B, respectively). These can be attached to the main form as needed​​.
The term "alien authorized to work" in Section 1 has been replaced with "noncitizen authorized to work," and the difference between "noncitizen national" and "noncitizen authorized to work" has been clarified​​.
The form is now compatible with tablets and mobile devices, and certain features have been removed to facilitate easy downloading​​.
A checkbox has been added for employers to indicate if the employee's Form I-9 documentation was examined under a DHS-authorized alternative procedure​​.

One of the most significant developments is the introduction of a remote verification option. This option is available for employers enrolled in E-Verify, a web-based system that allows businesses to determine the eligibility of their employees to work in the United States​​. Employers using this option must:

Conduct a live video interview with the employee.
Retain copies of all documents presented during the I-9 verification process.
Create E-Verify cases for new employees​​.
This change is a response to the lessons learned during the COVID-19 pandemic and aims to accommodate the modern reality of remote work and HR processes​​​​.

Employers must comply with the updated I-9 requirements to avoid penalties. Penalties for non-compliance, including using outdated versions of the form, range from $272 to $2,701 per unauthorized employee for first-time offenses​​. In the case of an audit, the government typically allows a very short response period, emphasizing the importance of being prepared and up-to-date with the latest I-9 processes​​.

Employers are responsible for ensuring the correct version of the Form I-9 is used. The edition date can be found at the lower left corner of the form​​. They should carefully review the new form and its instructions, particularly the requirements for remote verification and document retention​​. In case of any questions or uncertainties, it is advised to consult with qualified immigration counsel​​.

The introduction of the new Form I-9 represents a significant shift towards accommodating remote work and streamlining the employment verification process. Employers must adapt to these changes, ensuring compliance to avoid potential penalties. The changes reflect a broader move towards embracing technology and flexibility in HR processes, aligning with the evolving nature of the modern workforce.

How to do the I9 online or on the phone with a mobile notary?

Completing the Form I-9 online or with the assistance of a mobile notary, especially in the context of remote work, involves a few key steps. It's important to note that while the process of completing the I-9 has been made more flexible, especially with the introduction of remote verification options, the core requirements of the form remain the same. Here's a general guide on how to proceed:

Online Completion of the I-9 Form
Access the Form: The new Form I-9, as of 2023, is designed to be more compatible with digital platforms, including tablets and mobile devices. Employers and employees can access the form online from the USCIS website.

Fill Out Section 1: The employee must complete Section 1 of the I-9 form by their first day of employment. This section collects identifying information and requires the employee to attest to their employment authorization in the U.S.

Use of Preparer/Translator Supplement: If the employee uses a preparer or translator to complete Section 1, they need to fill out Supplement A, specifically designed for this purpose.

Involvement of a Mobile Notary
Remote Document Verification: For employers enrolled in E-Verify and opting for remote verification, a mobile notary can act as an authorized representative to examine the employee's identity and employment authorization documents. This process is particularly useful for remote employees or when physical presence is not feasible.

Live Video Interview: A live video interview might be required between the employee and the employer or the authorized representative (like the mobile notary) to verify the documents.

Document Review and Copies: The notary reviews the original documents (not photocopies) for authenticity and records this on the Form I-9. Employers must retain copies of these documents, as per the updated I-9 requirements.

Complete Section 2: Section 2, which needs to be completed within three business days of the employee's first day of work, includes recording information from the documents presented by the employee. The mobile notary can assist in completing this section.

Notate Remote Verification: If remote verification is used, the employer must check the appropriate box in Section 2 of the I-9 form, indicating that an authorized alternative procedure was used for document examination.

Important Considerations
Compliance: Ensure that all steps comply with the latest USCIS guidelines and regulations regarding the Form I-9.
Privacy and Security: Handle all personal and sensitive information with the utmost care to maintain privacy and security.
Record Keeping: Maintain accurate and secure records of all I-9 forms and associated documents, as these must be available for inspection by authorized government officers.

The process of completing the I-9 form online or with a mobile notary offers flexibility while maintaining compliance with employment verification requirements. It's essential for employers to stay updated with the latest guidelines and to utilize the resources provided by USCIS to ensure a smooth and compliant I-9 process.