8-15-23 BUSINESS LEADER UPDATE -

EVERY business must act retroactively on all hires during the COVID-19 flexibility period from March 20, 2020 through July 31, 2023.

Aside from the requirement to adopt a new I9 form no later than November 1, 2023, the United States Citizenship and Immigration Services (USCIS) enacted several new legal requirements in how employers may validate the forms and identification documents provided by employees.

GetHRready’s first question for your business is “Has your company continuously participated in eVerify for all hiring sites from March 20, 2020 through the present?”

• YES: FOR ALL HIRES IN THAT PERIOD for which their I9 was completed within eVerify, YOU MUST conduct a live video interaction to examine those documents that were NOT physically examined in person during that period. You also must retain copies of all documents, and create or ensure an eVerify record was created for each employee that was a new hire at the time.

• NO: FOR ALL HIRES IN THAT PERIOD for which their I9 was completed remotely and identification documents were reviewed remotely or submitted via email or fax, THE EMPLOYER, OR THEIR AUTHORIZED REPRESENTATIVE, MUST NOW CONDUCT A PHYSICAL, IN-PERSON REVIEW OF THE DOCUMENTATION NO LATER THAN AUGUST 30, 2023. A record of this must be recorded in Section 2 - Additional Information on the existing I9 Form.

GetHRready PRO Tip #1: Signup for eVerify.

GetHRready PRO Tip #2: Start using the new I9 form now.

GetHRready PRO Tip #3: Ensure you have a reliable process to engage “Authorized Representatives.”

GetHRready PRO Tip #4: Continue the physical examination process until you’re participating in eVerify.