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The deadline to switch to the new 08/01/23 edition of Form I-9 is fast approaching. Recently, the US Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification with several key changes to reflect the end of temporary COVID-19 flexibilities. Starting on November 1, 2023, this new edition will be the only version of Form I-9 that will be accepted by the federal government. What happens if you use the old Form I-9? From November 1st onward, employers who fail to use the new 08/01/23 edition of Form I-9 may be subject to all applicable penalties under Section 274A of the INA, 8 U.S.C. 1324a, as enforced by Immigration and Customs Enforcement (ICE). How to switch to the new Form I-9 You can download the new edition of Form I-9 on the USCIS website, in addition to learning more about the revisions that have been made. If you’re still using paper for your Onboarding process, contact us to streamline and improve you
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The Form I-9 remote verification flexibility was set to expire on April 30, 2022, but has been extended until October 31, 2022.The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. Employers may continue to remotely verify their new hires’ identity and employment eligibility documentation until the new deadline. However, they are encouraged to begin, at their discretion, the in-person verification of identity and employment eligibility documentation for employees who were hired on or after March 20, 2020, and who presented such documents for remote inspection in reliance on the flexibilities first announced in March 2020. For more information on updates to the Form I-9 process, visit the official U.S Citizenship and Immigration Services’ website: https://www.uscis.gov/i-9-central/covid-19-f
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As of May 1, 2022, the Department of Homeland Security (DHS) ended its temporary Form I-9 policy that allowed employers to accept documents from List B that had expired on or after March 1, 2020. This policy was implemented due to difficulties surrounding the renewal of documents during COVID-19. Employers must now return to only accepting unexpired List B documents. If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers need to update their Form I-9 by July 31, 2022, as follows: If the employee is still employed, they must present an unexpired document that establishes their identity. Employees may present the renewed List B document, a different List B document, or a document from List A. Employers should enter the document title, issuing authority, document number, and expiration date in the “Additional Information” field of Section 2, and initial and date the change. If the employee is no longer employed, no action is
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