Latest Updates: New Form I-9 and E-Verify Changes

The dynamic nature of HR regulations requires business owners to monitor the landscape continuously. With frequent changes occurring at both the local and federal levels, it has become increasingly challenging for businesses to stay updated. Previously, companies were allowed to conduct remote employee verifications, but now they must resume in-person physical inspections.

This recent change demands the termination of temporary flexibilities for I-9 forms, initially implemented during the COVID-19 pandemic. In 2020, in response to the COVID-19 pandemic, the U.S. Immigration and Customs Enforcement (ICE) introduced temporary changes to the Form I-9 process. These changes allowed employers to remotely verify employee identities through remote methods.

Despite easing pandemic restrictions, ICE extended these temporary flexibilities multiple times. The most recent extension, concluded on July 31, 2023 and ICE has stated that they do not intend to extend these flexibilities further.

Consequently, employers remotely verifying their workforce between March 2020 and July 2023 must conduct in-person inspections by August 30, 2023.

Meanwhile, to comply with the latest anti-illegal immigration bill, Florida employers must immediately explore the E-Verify option and take advantage of the revised I-9 form.

What Employers Should Know About the Updated Form I-9

The Immigration Reform and Control Act of 1986 (IRCA) requires employers to conduct identity and employment verification of each employee using Form I-9 Employment Eligibility Verification within 3 business days of employment commencement.

The I-9 process involves completing and retaining this form for every person hired, regardless of their citizenship status. The form requires employees to present original and unexpired documents establishing their identity and employment authorization. Employers must review these documents to determine their authenticity and record the necessary information on the I-9 form.

On August 1, 2023, USCIS published a new version of the Form I-9. Employers may begin to use this form at any point after this date. However, by November 1, 2023 all employers must complete the transition to using the new Form.

Now only one page long, the new version of Form I-9 is easier for employers and employees. Other improvements include clearer instructions and providing guidance on acceptable receipts and the auto-extension of some documents found on the Lists of Acceptable Documents.

Alternatives to In-Person Inspections for Qualified Employers

On July 21, 2023, the U.S. Department of Homeland Security (DHS) established official guidelines for employment eligibility verification flexibilities. They provide alternative methods of inspecting identity and employment authorization documents rather than requiring in-person inspections.

These changes aim to adapt the I-9 process to the current circumstances and provide more flexibility for employers and employees in a remote setting.

However, there is a catch. Today, only employers who participate in E-Verify and are in good standing can conduct I-9 eligibility verification electronically. They can confirm the employee's identity through a live video call instead of bringing the person to the office.

E-Verify compares information from the I-9 form to the records held by the Department of Homeland Security (DHS) and the Social Security Administration (SSA).

New Florida Law also Demand E-Verify

On May 10, Gov. Ron DeSantis signed Senate Bill 1718. The goal of this bill is to battle illegal immigration. For employers operating in Florida, it means that beginning July 2023, companies with at least 25 employees MUST use the E-Verify System. This applies to any employee you hire on or after July 1, 2023. If you have fewer than 25 workers, you aren't obligated, but strongly encouraged, to use the E-Verify system.

You can continue using the system to ensure timely verification if you are already registered in E-Verify. If you still need to, register in the system and begin using it immediately. Remember that even if the system is temporarily unavailable, you aren't excused from using it during the three-day compliance window.

Florida law penalties for not using the E-Verify system will start coming into effect on July 1, 2024. If the Florida Department of Economic Opportunity determines that you've been failing to use E-Verify thrice within a 2-year period, you could face a fine of $1,000 per day until you deal with the non-compliance. Non-compliance could also lead to state license suspension.

Staying Up to Date with The Latest Laws and Regulations

Staying on top of the ever-changing legal landscape can be challenging for employers. Even a large HR department can have issues keeping the team updated and implementing the new changes on time.

Ivania Oberti, Esq.

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