HR & Payroll

New Form I-9 Updates for 2023: Documents and Policies that Ensure ICE I-9 Compliance

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    Margie Faulk - PHR, SHRM-CP
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    Aug 24, 2023
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    13:00 PM EST
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    90 Min
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The New I-9 Form from the Department of Homeland Security (DHS) is finally here! We can now see the actual changes and how we should adapt onboarding policies to meet the new criteria.


DHS surprised Employers, legal minds, HR associations, and professionals when they moved to modernize employment eligibility verification, by taking additional steps to provide certainty and flexibility for American businesses. Rather than examining an employee's identity and employment authorization documents in person, employers who participate in E-Verify and are in good standing will have the option to conduct verification electronically and with a live video call interaction. This will be a different flexibility than what the current DHS has provided for Employers.


However, on August 3, 2023, DHS The U.S. Immigration and Customs Enforcement (ICE) on Aug. 3 proposed a pilot program for small employers to remotely verify I-9 forms—a program that would be similar to the remote verification alternative procedure recently made available to qualified E-Verify users.


The pilot program, which would be optional, would resemble the E-Verify remote verification but would not be available to E-Verify employees. Like the E-Verify remote verification, it would provide remote document inspection, document retention, and protection against discrimination.


On May 11, 2023, the President determined that the Covid-19 pandemic was no longer an emergency. As a result, that prompted The US Immigration and Customs Enforcement (ICE) to announce that “Normal Operations are Resumed”. Employers will have 30 days to comply with Form I-9 employment eligibility verification physical document examination requirements when COVID-19 flexibility ended on July 31, 2023.  Employers have until August 30, 2023, to meet the physical review of ID documents they conducted remotely during the 3 years of the COVID-19 pandemic.


Session Highlight:

·       Department of Homeland Security (DHS) launched the new I-9 Form and identified some of the changes.

·       Separate I-9 Form Instructions are now available.

·       Employers can use the current expired I-9 form until October 2023

·       Effective November 1, 2023, you need to use the new I-9 Form

·       Learn what other changes are part of the New I-9 Form.

·       Learn when the I-9 Manual (m274) will be available.

·       DHS has allowed the I-9 Remote Alternative Procedure only for E-Verify users.

·       Learn what other requirements are part of the decision of the DHS E-Verify process of Alternative Procedure

·       Learn what criteria should be written in the I-9 Form when using the E-Verify option.

·       Learn what requirements are mandatory when using the E-Verify Alternative Procedure option.

·       Learn how to properly use the Additional Information Field when it comes to reviewing documents and using the New E-Verify Alternative Procedure Option.

·       The clock is ticking for Employers who are mandated to review physical ID documents by the August 30, 2023, deadline.

·       Learn how best practice is when reviewing documents before August 30, 2023, Deadline.

·       Learn how to review documents if they are different than the original IDs used.

·       Learn how to effectively review IDs to meet requirements.

·       Learn how to conduct an internal audit now to make the changes easier.

·       Learn how training of staff will be critical to meet the requirements.


Why Should You Attend:


Now that DHS has finally launched the new I-9 form, Employers need to adapt to the new changes which include new instructions and many other changes. Employers need to establish a remote option now that this option is no longer available.


DHS has determined that users of E-Verify will be able to utilize what is called the Alternative Procedure where users in good standing can view their I-9 forms via video. It will be interesting to see how this evolves and if DHS will expand this option.


Benefits For Attending:


This training will provide you clarity on new changes in form I-9 and how to avoid errors, fines & penalties. In addition, each training I offer free customized compliance tools for all attendees. Also get:

·       SHRM Recertification PDU Credits

·       Free customized compliance tools in the form of guides, templates, policies, and toolkits

·       Additional HR Compliance Supplemental Slides

·       Free answer to all questions even after the training ends


Who Should Attend:

·       All Employers

·       Business Owners

·       Company Leadership

·       Compliance professionals

·       HR Professionals

·       Managers/Supervisors

·       Employers in all industries

·       Small Business Owners

·       Large Business Owners


Ask your question directly from our expert during the Q&A session following the live event.

Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and international compliance.  Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.

Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).

1.5 SHRM-CP & 1.5 HRCI Credits

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