Home » Due August 30, 2023: I-9 Form updates Best Practices Checklist

Due August 30, 2023: I-9 Form updates Best Practices Checklist

  • Create a clear employee roster
  • Compare the roster to all existing I-9s
    • Delineate employees hired after March 20, 2020 whose documents were inspected remotely
    • Make an action plan to inspect employee’s original documents in-person before August 30
    • Correct unrelated errors/omissions on employees’ Form Ii-9s following USCIS guidelines
  • Original documents are required (with rare exceptions for printed I-94s and other outliers) and must be presented in-person by the employee
  • Update the Form I-9 in Section 2 or Section 3 (for re-verification) 
  • If remote employees work far from employer worksites, employers may use an authorized representative to review the documents in-person on behalf of the employer and update the Form I-9
  • If the employer representative who remotely reviewed the original I-9 documents is not available to perform the in-person review of original documents, a different representative can:
    • Annotate the “Additional Information” box, on page 2 of the I-9, OR
    • Complete a new Form I-9 Section 2 and attach it to the prior remotely inspected Form I-9
  • If the employee has since separated from employment, simply annotate in their Form I-9 “Additional Information” box, including the date of separation
  • Remotely inspected documents that have since expired can still be reviewed in-person (i.e., US passport, green card, driver’s license or state ID) and new documents should not be requested
    • Employers must not rely on a now expired document that would have required re-verification to prove ongoing work authorization (i.e., EAD or I-94)
    • The employee will need to present a valid List A or List C work authorization document at the time of physical inspection
  • An employee who was run through the E-Verify process when they were hired under the I-9 COVID-19 flexibilities provisions will still require the standard in-person inspection of original documents outlined above, but employers should not create a new E-Verify case nor update the employee’s existing E-Verify case relating to the physical inspection of their documents

Download Checklist here: Best Practices Checklist (abbreviated)