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Adhikari Law PLLC

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Call: 888-820-4430 info@adhikarilaw.com
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Home | Work Visas | I-9 Form, Employment Eligibility Verification

I-9 Form, Employment Eligibility Verification

I-9, Employment Eligibility Verification

Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.

On the form, an employee must attest to their employment authorization. The employee must also present their employer with acceptable documents as evidence of identity and employment authorization. The employer must examine these documents to determine whether they reasonably appear to be genuine and relate to the employee, then record the document information on the employee’s Form I-9.

Certain e-verify employers who choose to remotely examine (e.g., over video link, fax or email, etc.) the employee’s documentation under a DHS-authorized alternative procedure rather than via physical examination must indicate they did so by checking the box provided.

The list of acceptable documents can be found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.

NEW: E-Verify Employers May Use Alternative Procedure for Form I-9 Documents Examined Remotely During COVID-19 Temporary Flexibilities: 08/01/2023

Employers enrolled in E-Verify during the COVID-19 temporary flexibilities may use an alternative procedure to satisfy the requirement of physically examining Form I-9 documents that had been examined remotely under the COVID-19 flexibilities.

In May 2023, ICE announced that employers had until August 30, 2023, to physically inspect all documents that had been examined remotely using the COVID-19 flexibilities.

On July 25, 2023, DHS announced an alternative procedure for Form I-9 in a Federal Register Notice. Based on the Notice, employers who meet four requirements may choose an alternative procedure in lieu of physically examining Form I-9 documentation that had been examined remotely under the COVID-19 flexibilities.

To qualify for the alternative procedure, the employer must have:

  1. performed remote examination of an employee’s documents between March 20, 2020, and July 31, 2023;
  2. been enrolled in E-Verify at the time they completed the Form I-9 for that employee;
  3. created a case in E-Verify for that employee (except for reverification); and
  4. 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.

All E-Verify employers that choose the alternative procedure instead of physical examination must follow the instructions for the alternative procedure in this guidance. Even if the employer performed steps similar to the alternative procedure at the time of hire, the employer must still complete the steps of the new alternative procedure to finalize the Form I-9. Employers may not unlawfully discriminate when using this procedure based on a protected characteristic, such as by deciding that certain employees are not eligible for the alternative procedure.

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  • ICE Form I-9 requirement flexibility ends on July 31, 2023 which granted employers more time to comply May 23, 2023
  • Priority date is current for all countries for EB-5 set aside projects May 8, 2023
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