The long-anticipated new rule allowing certain employers the option to remotely (rather than in-person) verify the employment eligibility of new employees will be published by the Department of Homeland Security and effective August 1, 2023. The rule is expected to include the following:
- E-Verify requirement. In order to utilize the virtual verification alternative, employers must participate in the E-Verify program.
- Live video meeting. Employers must meet the new employee over video, after having previously received and examined copies of the documents.
- New form I-9. A new, shorter Form I-9 will be published on August 1 to accommodate the virtual alternative option.
- Document retention. Employers that utilize the virtual alternative must retain I-9 documents presented.
- Special post-COVID rule. Some employers that relied on the COVID flexibilities will be able to conduct the follow up “in-person” verification remotely.
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