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The Smarter Startup

Important Changes to I-9 Verification

It’s important to make sure that your startup's I-9 verification plan complies with the new regulations going into effect October 31, 2022

I-9 Compliance and its ever changing regulations is the hot topic we will be covering in this article. The COVID-19 Pandemic has changed the way many businesses are structured. New regulations were put into place as safety precautions relating to COVID-19. Because the Pandemic regulations caused many organizations to temporarily close their offices, more organizations began to consider the possibility of having their workforce work remotely. In order to make things manageable for organizations, the Department of Homeland Security (DHS) began granting certain flexibilities with obtaining new hire documentation.

On March 20, 2020, the DHS announced a temporary flexibility in the way I-9 verification could be completed. This temporary flexibility allows for employers to verify new hire identification remotely. Before the pandemic, all employee identification had to be physically inspected by the HR representative. This representative would also be the person to complete page 2 of the new hires I-9 document.

But, like all great things, these flexibilities will soon come to an end, and here’s what you need to know.

DHS and U.S. Immigration and Customs Enforcement have extended the flexible I-9 documentation and verification process until October 31, 2022. This only gives you and your HR team a little over two months to adjust to this new regulation. It’s extremely important for you to get a new I-9 verification plan into place as soon as possible as fines for improperly completing the I-9 can range from $110-$1100 per infraction.

DHS and U.S. Immigration and Customs Enforcement have extended the flexible I-9 documentation and verification process until October 31, 2022. This only gives you and your HR team a little over two months to adjust to this new regulation.

Depending on if your organization operates in a hybrid or fully remote manner will determine your best practice for handling I-9 documentation going forward. Some organizations are utilizing the assistance of a notary to complete page two of the I-9. Other organizations are utilizing the “authorized representative” route for the completion of page two. And some organizations are simply taking it old school and having new hires report to the office on their first day in order to complete the necessary documentation. It’s important to find the solution that best fits your organization.

Burkland People Partners have worked hard in creating a best practice guide for you to consider. Contact us to request your copy of the guide. With October quickly approaching, it would be a good idea to schedule a meeting with your People Partner to begin creating an I-9 verification plan as soon as possible.

How others are managing 1-9 verification:

  • Use a local “mobile notary” service
  • ADP’s electronic I-9 management feature that uses Everify to confirm work authorization. Employees scan and load copies of their docs to ADP and complete section 1 of the e-I9, then the payroll admin completes section 2 referencing the loaded docs.
  • WorkBright’s I-9 service
  • N3 Notary’s Service

Already got an I-9 verification plan in place?

Here are three tips that WorkBright recommends each organization do to minimize risk of fines and penalties during I-9 audits.

  1. Optimize your HRIS System
  2. Conduct an internal I-9 audit
  3. Correct Existing Errors upon finding them

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