In the ever-changing landscape of employment regulations, one critical aspect that demands the utmost attention is I-9 compliance. The U.S. Immigration and Customs Enforcement (ICE) announced important changes regarding I-9 compliance flexibility. As of July 31st, 2023, employers will no longer have the option for remote verification of I-9 documents. Instead, employers will be required to inspect these documents physically.
With a deadline of August 30th, 2023, looming, employers need to understand the implications and take proactive measures to ensure compliance. Let’s explore the significance of I-9 compliance, highlight the upcoming changes, and provide guidance on how employers can smoothly navigate this transition.
The Importance Of I-9 Compliance
Before we dive into the forthcoming changes, let’s reiterate the significance of I-9 compliance. The I-9 form, also known as the Employment Eligibility Verification form, serves as an essential tool for employers to confirm their employees' identity and work eligibility. Compliance with I-9 requirements is not just a legal obligation, but it also helps businesses adhere to immigration laws, protect against unauthorized employment, and promote a fair and level playing field for all employees. Sara Worthing, PHR, GMS' Senior HR Account Manager, added, "I-9 compliance is important now more than ever. The I-9 form helps employees' identities and confirms their employment authorization."
Why Is I-9 Flexibility Expiring?
The decision to end the I-9 compliance flexibility, which allowed remote verification of documents, stemmed from the gradual return to pre-pandemic work environments. The temporary relaxation measures were implemented to accommodate remote work arrangements during the COVID-19 pandemic. However, with the circumstances improving and businesses resuming on-site operations, ICE has deemed it appropriate to reinstate the physical inspection requirement.
Adapting To The Change
Employers must be aware of the August 30th, 2023, deadline and make necessary preparations to ensure a smooth transition. The following are a variety of practical steps to help employers navigate the change effectively:
Internal communication and training: It’s essential to ensure that all relevant personnel, including HR departments and hiring managers, are informed about the upcoming change. Consider conducting training sessions to familiarize them with the revised procedures and emphasize the importance of meticulous document inspection.
Review and update policies: Take this opportunity to review your existing I-9 policies and procedures. Update them to reflect the change in requirements and communicate any modifications to employees. Having clear and concise policies will facilitate a seamless transition and mitigate potential compliance risks.
Establish an efficient record-keeping system: For I-9 compliance, maintaining accurate and organized records is critical. Consider implementing an electronic I-9 system that integrates with your existing HR software. These systems can streamline document management, automate reminders for re-verification, and enhance record-keeping accuracy.
Conduct internal audits: Perform internal audits to ensure existing I-9 forms are completed correctly, properly stored, and comply with all legal requirements. Identify any errors in a timely manner. Regular self-audits promote ongoing compliance and help mitigate potential penalties in case of government audits.
Seek professional assistance if needed: Navigating the complexities of I-9 compliance can be challenging. Consider seeking guidance from professional compliance services such as a professional employer organization (PEO) to ensure your organization remains in full compliance with the law.
Leveraging The Expertise Of A PEO
The expiration of I-9 compliance flexibility on July 31st, 2023, and the subsequent requirement for physical inspection of documents present a significant challenge for employers. However, there is no need to face this transition alone. Partnering with a PEO can be a game-changer in navigating the complexities of I-9 compliance. A PEO can provide expertise in immigration laws, maintain record-keeping systems, and offer guidance on policy updates and internal audits. By leveraging the knowledge and support of a PEO, employers can ensure a seamless transition, mitigate compliance risks, and focus on their core business operations. Sara further explained, "At GMS, our team is constantly working to ensure our clients are compliant with the help of E-Verify. GMS handles this process from beginning to end, which allows our clients to worry about one less thing."
As the deadline approaches, take proactive steps and consider utilizing the services of a trusted PEO like GMS to navigate the changing landscape of I-9 compliance with confidence. Get a quote from us today!