Everything you need to know about Form I-9 reverification post COVID-19 relaxed viewing guidelines

Navigating I-9 reverification in a post-COVID world

Have you been conducting virtual inspections of I-9 work authorization documents during the COVID-19 pandemic? We’ve got some important news to share with you. The United States Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) recently made a change to the I-9 requirements in May 2023, and it’s something to pay attention to. 

So, what’s the scoop? The government has tightened up the requirements, and as a result, the physical review process for I-9 forms has been reinstated. What does this mean for employers? Well, it means that the reverification (or reconciliation, or remediation – despite its many names, rest easy – it’s the same process) of employees’ I-9 forms has now become mandatory. In other words, employers are now required to physically inspect all the documents for I-9 forms that were previously accepted virtually.

Simply put, if you’ve been using remote I-9 reverification for your employees’ I-9 forms since March 2020, you’ll need to go back and physically review the identification documents for each employee. It’s a bit of a process, but it is essential to ensure compliance with the new regulations.

For more information, see the USCIS webpage. 

What is I-9 re-verification?

As an employer, you’ll need to physically inspect and reconcile all virtually approved I-9 documents – make sure to carefully document dates and actions in the “Additional Information” section. 

For more information, download WorkBright’s I-9 re-verification guide! 

Six things you should know about Form I-9 re-verification

1. You are required to go through the I-9 re-verification process and physically inspect the documents of all employees who were previously reviewed virtually under the relaxed COVID-19 guidelines. 
2. It is your responsibility as an employer to organize and facilitate the I-9 re-verification process for your employees’ I-9 documents. 
3. If an employee provides a different document than what was used during the remote I-9 re-verification process, you must attach Section 2 of the new I-9 form to the previously used I-9 form. 
4. If your employees are located in different geographical areas, you need to ensure that an authorized representative is present to physically verify their I-9 documents. 
5. If the employee documentation is now expired, but at the time of original inspection was valid, the employee does not need to provide new documents
6. As of now, the USCIS has not released an updated version of the I-9 form, even though it expired in 2022. During this interim period, until the new form is officially issued, it is advised that you should continue to use the previous format. 

When should I perform I-9 re-verification?

Mark your calendars! The relaxed COVID-19 requirements are coming to an end on July 31, 2023, giving you a 30-day window to complete the re-verification process. By August 30th, 2023, make sure all forms are thoroughly reevaluated to stay compliant. 

What does the employee need to show upon re-verification?

In order to complete I-9 re-verification process, the employee must provide their original I-9 form and Employment Eligibility Verification, along with any required supporting documentation. The name, date of birth, and photograph must match on each document.

A few scenarios may arise when dealing with re-verifications: