Update: DHS Announces Permanent Virtual Verification For I-9s

Last month we reported that the Department of Homeland Security (DHS) had announced that COVID-19 temporary flexibilities for verification of the Form I-9 would end on July 31, 2023, requiring all employers to physically examine documents for their employees. On July 21, 2023, DHS announced a final rule, effective August 1st, 2023, that allows qualifying employers to inspect employees’ Form I-9 virtually.

This alternative procedure, referred to as “permanent virtual verification”, is available to employers who are: (1) in good standing in the E-Verify program; (2) enrolled in E-Verify for all hiring sites; (3) have complied with all E-Verify requirements, and (4) have completed an E-Verify training concerning fraud awareness and anti-discrimination. Employers who are not already participating in E-Verify may enroll and take the tutorial course to utilize the alternative procedure after August 1st.

The United States Citizenship and Immigration Services (“USCIS”) has also published a new one-page version of Form I-9 in conjunction with the new virtual verification process. This form includes the addition of a checkbox that employers can use to indicate remote examination. Employers may use the current I-9 form until October 31, 2023. After this date, the new form will become mandatory.

Contact us if you have questions.