Tag: Form

  • USCIS Updates Form I-9 Language

    USCIS Updates Form I-9 Language

    by CUPA-HR | April 8, 2025

    On April 2, the U.S. Citizenship and Immigration Services (USCIS) announced minor changes to the Form I-9 to align with statutory language. The changes update language in the document that was included in previous editions of the Form I-9 released under the Biden administration.

    The new Form I-9 changes the language in Section 1, checkbox 4 from “A noncitizen authorized to work” to “an alien authorized to work” (italicized for emphasis). Additionally, USCIS announced that E-Verify and E-Verify+ have updated the Citizenship Status selection during case creation. Specifically, the selection “a noncitizen authorized to work” is updated to “an alien authorized to work.” In previous editions of the Form I-9 and in the E-Verify case creation process, the Biden administration’s USCIS changed the language from “alien” to “noncitizen” in this checkbox to align with an internal memo issued by the administration in April 2021 aiming to change the language used by agencies when talking about immigrants.

    The new Form I-9 from the Trump administration also updates the descriptions of the documents accepted under List B to say “sex” instead of “gender.” This change aligns with another April 2 announcement from USCIS about updates to its Policy Manual to clarify that the agency will only recognize two biological sexes, male and female, consistent with the Trump administration’s executive order, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” In the USCIS announcement on sex, the agency states that it would not deny benefits “solely because the benefit requestor did not properly indicate his or her sex” but that the agency would not issue documents with a blank sex field or with a sex different from the sex assigned at birth.

    The new Form I-9 from the Trump administration, known as the January 20, 2025, edition, is valid through May 31, 2027. Previous editions of the Form I-9 that include language from the Biden administration are still valid as well, including two editions from August 1, 2023, that have expiration dates on July 31, 2026, and May 31, 2027. Employers may continue to use the previous Form I-9 editions through their expiration dates; however, employers using the August 1, 2023, edition with the July 2026 expiration date in an electronic system are required to update their system with the Form I-9 expiring in May 2027 by July 31, 2026.

    CUPA-HR will continue to monitor for updates related to the Form I-9 and E-Verify.



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  • DHS Announces Final Rule Permitting Alternative Options for Form I-9 Document Examination – CUPA-HR

    DHS Announces Final Rule Permitting Alternative Options for Form I-9 Document Examination – CUPA-HR

    by CUPA-HR | July 24, 2023

    On July 21, the Department of Homeland Security (DHS) announced a final rule permitting the Secretary of Homeland Security to authorize optional alternative examination practices for employers when reviewing an individual’s identity and employment authorization documents required by the Form I-9, Employment Eligibility Verification. The rule creates a framework under which DHS may implement permanent flexibilities under specified conditions, start pilot procedures with respect to the examination of documents, or react to crises similar to the COVID-19 pandemic.

    Simultaneously, DHS published a notice in the Federal Register authorizing an alternative document examination procedure. This provides employers who are participants in good standing in E-Verify with the option to remotely examine their employees’ identity and employment authorization documents via a live video interaction.

    Background

    Under current law, employers are required to physically examine an individual’s identity and employment authorization documents within three business days after an individual’s first day of employment. In response to the COVID-19 pandemic, DHS introduced temporary flexibilities in March 2020, enabling employers to remotely review these documents. This virtual inspection was to be succeeded by a physical examination within three business days once normal operations resumed. These flexibilities, extended multiple times, are set to expire on July 31, 2023.

    Due to the success of temporary changes to document verification procedures implemented at the onset of the COVID-19 pandemic, DHS issued a Request for Public Input (RPI) on October 26, 2021, concerning remote document examination. This move initiated a discussion on whether these leniencies should be extended permanently. After examining the comments responding to the RPI, DHS proposed a framework on August 18, 2022, empowering the Secretary to extend these flexibilities. CUPA-HR submitted comments in response to the RPI (see here) and proposal (see here) encouraging DHS to move forward expediently and ensure that a remote review process remains available following the end of the COVID-19 Flexibilities.

    Details of the Alternative Procedure

    From August 1, 2023, eligible employers can start using the alternative procedure as outlined in the Federal Register notice. The conditions include: (1) restricting participation to E-Verify participants in good standing; (2) broadening document retention requirements to include clear and legible copies of all Form I-9 documents; (3) requiring E-Verify training on fraud awareness and antidiscrimination; and (4) holding a live video interaction after the employee transmits a copy of the document(s) to the employer.

    Employers participating in E-Verify, who created a case for employees whose documents were examined during the COVID-19 flexibility period (March 20, 2020 to July 31, 2023), can opt for the new alternative procedure from August 1, 2023 to satisfy the required physical examination of the employee’s documents for that Form I-9. Conversely, employers not enrolled in E-Verify during the flexibility period must complete a physical examination in-person by August 30, 2023 as outlined in the Agency’s May 4 announcement.

    What’s Next

    Looking ahead, DHS continues to expand its efforts to streamline employment verification procedures. As part of this endeavor, the department is gearing up to roll out a pilot program offering a remote examination option not just to E-Verify-enrolled employers but also to a broader category of businesses. This pilot program is expected to inform decisions about a comprehensive expansion of the remote examination option.

    Simultaneously, DHS is preparing to issue a new edition of Form I-9. Dated August 1, 2023, the new form will become the standard for all employers starting November 1, 2023. Until then, employers can still use the previous edition dated October 21, 2019, through October 31, 2023. It’s important to note, however, that if an employer chooses to utilize the 2019 edition in conjunction with the new alternative remote inspection procedure, they must mark “alternative procedure” in the Additional Information field in Section 2 of Form I-9.

    According to DHS, more details about the new Form I-9 and the pilot program will be disclosed in the near future. CUPA-HR will continue to monitor these developments and keep members apprised as they are announced.

     



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  • ICE Gives Employers Until August 30 for In-Person Form I-9 Verification After COVID Flexibilities Expire – CUPA-HR

    ICE Gives Employers Until August 30 for In-Person Form I-9 Verification After COVID Flexibilities Expire – CUPA-HR

    by CUPA-HR | May 10, 2023

    On May 4, 2023, U.S. Immigration and Customs Enforcement (ICE) announced it will provide employers with 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities sunset on July 31, 2023. Employers will now have until August 30, 2023, to complete all required physical inspections of identity and employment-eligibility documents. This extension aims to ease the transition for employers who have been using the temporary flexibilities throughout the pandemic.

    Background 

    In March 2020, ICE introduced the temporary flexibilities in response to the COVID-19 pandemic, allowing employers to review employees’ identity and employment authorization documents remotely, rather than in person. This virtual inspection was to be followed by a physical examination within three business days after normal operations resumed. The flexibilities were extended several times, with the most recent extension set to expire on July 31, 2023.

    During the pandemic, employers with employees taking physical-proximity precautions were allowed to temporarily defer physical examination of employees’ identity and employment authorization documents. Remote examination methods, such as video link, fax or email, were permitted, with “COVID-19” entered as the reason for the physical-examination delay in the Section 2 Additional Information field on the Form I-9. Once the employees’ documents were physically examined, employers would add “documents physically examined” with the date of examination to Section 2 or Section 3 of the Form I-9, as appropriate.

    The recent announcement clarifies that employers have until August 30, 2023, to perform all required physical examinations of identity and employment-eligibility documents for individuals hired on or after March 20, 2020, who have received only a virtual or remote examination under the flexibilities.

    What’s Next 

    On August 18, 2022, ICE issued a proposed rule to allow alternative procedures for examining identity and employment-eligibility documents. CUPA-HR submitted comments to ICE encouraging it to move forward expediently and ensure that a remote review process remains available for all employers. The public comment period closed on October 17, 2022, and DHS is currently reviewing the comments. While the Fall 2022 Regulatory Agenda had forecast a final rule to be issued in May 2023, ICE’s announcement indicates a final rule will be issued later this year.



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