You don’t have to transition to the new Form I-9 just yet, but you are required to use it starting Nov. 1, 2023. Here’s what you need to know.
The virtual flexibility option you may have used for remote employee verification during the COVID period (March 2020 to July 31st, 2023) is over.
Going forward, you have two options for verification:
- traditional in-person verification, or
- the alternate procedure, depending on if your employer qualifies.
You can download our infographic Do You Qualify for the Alternate Procedure? to determine if you qualify for the alternate procedure.
Now, let’s address the most common questions I get about the end of Covid Flexibility:
If I previously verified new hires using COVID flexibility, is re-verification necessary for those employees?
Yes. You’ll need to re-verify all employees who were verified using COVID flexibilities. It’s important to comply with the law, even if it might seem cumbersome.
But what if I followed the elements of the now “alternate procedure” during COVID as a qualified E-Verify employer, do I still need to re-verify employees?
Yes. Regardless of the method you used to apply COVID flexibilities, all employees verified using those flexibilities must be re-verified (“second touch”) before August 30th.
How do I document the second touch document review during re-verification?
Annotate the additional field section of Form I-9. Include details like “Alternate Procedure,” the date of the live video inspection, and the inspector’s name/
Please feel free to share this content with other HR professionals who need to know! And reach out if you have any questions or feedback.