The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have been keeping employers on their toes this year. In the space of a few months, the agencies—

  • Announced the end of the COVID-19 flexibilities for Form I-9 document verification on July 31.
  • Announced that employers had until Aug. 30, 2023, to complete the in-person physical document inspection for employees whose documents were inspected remotely during the flexibility period.
  • Announced that a new, revised Form I-9 would become mandatory for employers on Nov. 1.
  • Announced the launch of E-Verify NextGen in 2024, which will take the Form I-9 online for the first time, integrating it with the government’s E-Verify system.
  • Announced a new remote document verification process, only for E-Verify employers in good standing, just ten days before the sunset of the COVID-19 I-9 flexibilities, as employers raced to complete the required in-person, physical document inspections before the Aug. 30 deadline.
  • Announced a proposed pilot program that would allow certain non-E-Verify employers to test a remote verification process similar to the one authorized for E-Verify employers.

These policy changes have significant implications for employers’ recruitment, hiring, and onboarding processes. While the August 30 deadline to complete physical document inspections has passed, many employers are wondering: Where do we go from here?

Start at the Very Beginning

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