Getting Ready for Form I-9 Requirement Changes
Illoominus Community Hot Topic Conversation: Understanding the Impact and Navigating the New Requirements
Introduction
In today's rapidly changing world, it is essential for businesses to stay informed about the latest regulatory changes and adapt accordingly. One recent development that has been causing a stir among employers is the upcoming end to the temporary flexibility for Form I-9, Employment Eligibility Verification, by the Department of Homeland Security (DHS). This change, set to take effect on July 31, 2023, will require employers to complete in-person physical document inspections for employees whose documents were previously inspected remotely during the temporary flexibility period. Here we will delve into the details of this Form I-9 requirement change, discuss its implications, and provide insights on how businesses can navigate this transition as smoothly as possible.
Understanding the Form I-9 Requirement Change
The temporary flexibilities for Form I-9 came into effect in response to the COVID-19 pandemic, allowing employers to conduct remote inspections of employee documents. However, with the situation improving and the economy gradually reopening, DHS has decided to end this flexibility, aiming to ensure the integrity and accuracy of the verification process.
Under the new requirement, employers have until August 30, 2023, to complete in-person physical document inspections for employees who had their documents verified remotely. This means that employers must designate an authorized representative to act on their behalf to complete Section 2 of the Form I-9. The authorized representative can be any person designated by the employer, and it is important to note that the employer remains liable for any violations in connection with the form or the verification process.
However, it is crucial to understand that the regulations surrounding authorized representatives may vary from state to state. For example, in California, only licensed attorneys, individuals authorized under federal law to provide immigration services, and individuals qualified and bonded as immigration consultants may act as the representatives authorized for remote I-9 verification.
Navigating the New Requirements
To ensure a smooth transition and compliance with the new Form I-9 requirement changes, employers must take certain steps. First and foremost, it is important to identify and designate an authorized representative who will be responsible for completing Section 2 of the Form I-9 on behalf of the employer. This representative can be a trusted employee, a notary public, or a professional service provider specializing in I-9 compliance.
During the in-person physical document inspection process, the HR department should act as a witness to the interaction between the authorized representative and the employee. It is also recommended that the legal team draft a statement to be included in the re-verification process, providing information on the authorized representative involved.
Technology can also play a role in streamlining the process. For instance, video recordings of the document inspection can be created and submitted for review to ensure transparency. Additionally, companies such as Equifax, Verify I-9, I-9 Everywhere, and Work Bright offer services and software solutions that can support businesses in managing the Form I-9 process and staying compliant.
Failure to comply with the Form I-9 requirement changes and complete the necessary physical document inspections by the deadline can result in financial penalties for employers. These penalties can vary based on the size of the company and the number of violations, with each violation incurring a separate penalty. Therefore, it is crucial for businesses to prioritize compliance and ensure all employees are verified in a timely manner.
Additional Considerations and Best Practices
In addition to fulfilling the new Form I-9 requirements, there are several other important considerations and best practices for businesses to keep in mind:
Keep both new and old I-9 forms on file: It is important to maintain records of both the previous and updated I-9 forms for employees whose documents were verified remotely.
Add notes for terminated employees: Including additional information in the I-9 form, such as termination dates or reasons, can help facilitate future audits and compliance checks.
Update I-9 forms for changes in identification: If an employee presents a new form of identification, a new I-9 form should be completed. However, if the form of identification remains the same, the existing I-9 form can be reverified.
Stay informed about other compliance requirements: Alongside the Form I-9 requirement changes, businesses should remain abreast of other compliance obligations, such as completing bystander training, updating COVID-19 policies, and handling e-verify records.
Conclusion
As the Form I-9 requirement changes come into effect, it is crucial for businesses to understand the impact and ensure compliance with the new regulations. By designating authorized representatives, leveraging technology, and staying up to date with the latest compliance obligations, organizations can navigate this transition smoothly and mitigate any potential risks. At Illoominus, we are dedicated to supporting businesses in their journey towards building better workplaces. If you have any questions or need assistance with navigating the Form I-9 requirement changes, we are here to help. Together, we can create a more inclusive future.
Disclaimer: The information provided in this blog post is for informational purposes only and does not constitute legal advice. Consult with legal professionals for specific guidance on compliance with Form I-9 requirements.
