Authored by Gammage & Burnham attorneys Rubi Bujanda and Richard Mahrle.
On Friday, the U.S. Citizenship and Immigration Services (“USCIS”) announced a new version of the Form I-9. Among other changes, the new version has been condensed and comes with clearer instructions. Employers can start using the new version of the Form I-9 as early as August 1, 2023. For employers that need more time to update their processes, the 2019 version of the Form I-9 can be used until October 31, 2023.
USCIS also now permits employers enrolled in good standing in E-Verify to remotely examine employee’s documents via live video. Since Arizona employers are generally required to enroll in E-Verify, this is a considerable benefit for Arizona employers with a remote workforce. Consider consulting counsel before implementing this alternative procedure to discuss, among other considerations, whether it is permissible to use this alternative procedure with only a portion of your workforce, which documents must be retained, how to indicate that this alternative procedure was used, whether employees can refuse to participate in the alternative procedure, and whether this alternate procedure is required for current E-Verify users.
