We have been waiting with bated breath for the New I-9 Form to be created and shared with us by 2022. Employer Alert by DHS: Continue to Use Current Form I-9. Employers should continue using the Form I-9, Employment Eligibility Verification, after its expiration date of Oct. 31, 2022, until further notice.
DHS will publish a Federal Register notice to announce the new version of the Form I-9 once it becomes available. If history is any indicator of the future, the last time in 2020 when there were changes in the proposed I-9 form DHS extended the use of the expired 8/31/20 I-9 form until after the expiration date. Moreover, the previous expired I-9 form was allowed to be used after January 2021 until the new I-9 Form was launched and effective in April 2021.
On October 11, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a nine-month extension until July 31, 2023, of the policy allowing remote, virtual verification of the documentation required for a Form I-9 when a workforce is working remotely.
When you add the DHS extension of the remote I-9 option until July 31, 2023. Employers and professionals are now more than ever confused about the entire I-9 Form process. Although the extension of the Remote I-9 process may help with the on-boarding process but will make completing the I-9 document still complex.
DHS’s original temporary policy defers for employers the requirements to review Form I-9 documents in person with new employees where employers and workplaces are operating totally remotely due to COVID-19. In these situations, employers may inspect Section 2 documents remotely through a virtual connection (e.g., video link, fax, or email). Then, employers may enter “COVID-19” as the reason for the physical inspection delay in the Section 2 “Additional Information” field.
If employees hired on or after April 1, 2021 work exclusively in a remote setting due to COVID-19 related precautions, they are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) under Section 274A of the INA until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.
Join us on Standeagle this November to learn how you can prepare for the proposed changes. You will receive a FREE customized compliance tool to help you stay compliant. Register now!
-What is the risk of completing an expired I-9 form when an external audit occurs by ICE?
-What compliance tools can assist completing an expired I-9 Form and provide protections of penalties?
-How using the expired I-9 form can create confusion?
-What are the options when creating a policy that includes using the expired I-9 Form?
-Should Employers and professionals use the out dated DHS I-9 For Manual (M274)?
-How does the DHS Extension of the I-9 Remote Option can help and hinder the I-9 Form process?
-What should Employers should do while they wait for Normal Operations Resume?
-Why do Employers need to prepare for identifying their employees where the I-9 Form Extension was used?
-Why should Employers and Professionals be familiar with the Federal Register when it comes to changes in DHS and other regulatory agencies regulations, changes of forms or requirements?
-What we need to prepare for the proposed changes
-Stop rule violations based on the electronic devices you use to submit E-Verify data
-What DHS proposes for the future of the I-9 remote option
-What changes are for Employers to prepare for the future
-What changes are being proposed to the I-9 Form
-What resources are available to help complete the I-9 form
-What mistakes are trending when completing the I-9 form
-What steps you can take when conducting your internal I-9 form audit
-How Employers can mitigate the deferment of completing an expired I-9 Form
The I-9 form preparation, correction and internal/external audit is still a headache and even a nightmare for Employers and professionals. Based on the new updates, this training will identify the changes that are proposed, the current trends of errors made and some of the mistakes that are made which will assist in reducing errors and fines and penalties. DHS extends the flexibility to use the I-9 form remote option but Employers still need to reverify documents and have a policy in place unless that criteria changes. Employers should be proactive in reviewing the ID documents before “Normal Operations Resume”.
-All Employers
-Business Owners
-Company Leadership
-Compliance professionals
-Office Managers
-HR Professionals
-Managers/Supervisors
-Employers in all industries
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’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings. 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).
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