As we mentioned last week, the Department of Homeland Security recently announced that, rather than examining an employee’s identity and employment authorization documents in person, employers who participate in E-Verify and are in good standing will have the option to conduct verification electronically and with a live video call interaction.
Employers enrolled in E-Verify during the COVID-19 temporary flexibilities may use this alternative procedure to satisfy the requirement of physically examining Form I-9 documents that had been examined remotely under the COVID-19 flexibilities. This new flexibility is available for use by employers now.
To qualify for the alternative procedure, the employer must have:
- performed remote examination of an employee’s documents between March 20, 2020, and July 31, 2023;
- been enrolled in E-Verify at the time they completed the Form I-9 for that employee;
- created a case in E-Verify for that employee (except for reverification); and
- be currently enrolled in and continue to participate in E-Verify.
Employers who do not meet all four requirements must perform an in-person physical examination of documents by August 30, 2023.
Click here for more information on the alternative procedure.