Recently USCIS released information on some of their key priorities for the next 3 years. Part of their strategic initiatives includes improving the E-Verify and Form I-9 experience in addition to the verification process itself. USCIS plans to roll-out a proof of concept for a “next generation” E-Verify system using a simulation. The simulation is expected to help reduce duplicate data and give more control to employees during the verification process. According to USCIS, E-Verify “NextGen” will integrate the E-Verify and Form I-9 experiences with streamlined verification to help improve the ease-of-use  for both employees and employers. 

Will a new version of Form I-9 be issued?

A new version of the Form I-9 has been expected to be issued for quite some time following proposed changes to the Form and instructions as announced last year. Employers should continue using the version of the I-9 with an expiration date of October 31, 2022, until further notice. Here are some highlights about the proposed changes: 

• Reducing the number of pages for Section 1 and Section 2 from two pages to one page.
• Section 3 may be moved to a separate Reverification and Rehire Supplement Form, to be completed only if necessary. 
• Updating the Lists of Acceptable Documents to include a link to List C documents 
• Simplifying I-9 instructions from 15 pages down to 7 pages, and including links to the M-274 Handbook for Employers.
• Removing PDF restrictions to enable the Form I-9 to be completed on all electronic devices.

Remote I-9 Verification

Last year the Department of Homeland Security (DHS)  DHS published a Federal Register notice  on August 18 to invite public comments on a Notice of Proposed Rulemaking that would create a framework to authorize alternatives for remote I-9 verification options.

Alternatives may be implemented through a pilot program, for some or all employers (or authorized representatives acting on an employer's behalf), or as a temporary measure. Currently the flexibilities in remote I-9 verification are set to expire at the end of July, 2023.

Worksite Enforcement Trends

Form I-9 fines increased due to inflation last month (as mentioned in our recent blog), and Immigration and Customs Enforcement (ICE)  has requested a budget to hire approximately 700 new workers in part of its fiscal year justification for 2023. Although worksite enforcement actions and I-9 audits are still expected to remain a priority for the agency, I-9 related enforcement actions have actually been trending downward over the past two years, however with new priorities being discussed for 2023, things may soon change. 

Since 2022 we have seen an uptick in cases of I-9 related penalties doled out by the Department of Justice over discriminatory practices discovered during the Form I-9 process. This is a trend that we expect to see continue throughout the year. The most recent case involves a staffing firm that settled with the DOJ for $250,000. Read more about that case here or download our infographic to learn more about avoiding discrimination during the I-9 process. 

Even though some changes are set to take place and trends continue to emerge, employers still need to ensure their compliance with Form I-9 and E-Verify requirements.  Learn more about how Clear I-9 can help. 

Stay tuned for more updates about Form I-9 and E-Verify.