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  • In an era of technological innovation, even the most established processes are subject to transformation. The world of employment eligibility verification is no exception. Imagine a future where the cumbersome task of filling out Form I-9 and entering information into E-Verify is streamlined, where employees take an active role in their own verification, and where data entry errors become a thing of the past. This future is closer than you might think, thanks to the proposed features of E-Verify NextGen.

    E-Verify NextGen, scheduled for release in 2024, is poised to reshape the landscape of employment eligibility verification in the United States. This ambitious initiative from the U.S. Citizenship and Immigration Services (USCIS) promises to integrate the Form I-9 process with E-Verify, the federal government’s electronic employment verification system. The result? A more efficient, accurate, and user-friendly system that benefits both employers and employees.

    A Shift In Responsibility

    One of the most significant changes introduced by E-Verify NextGen is the shift in responsibility from HR departments to new hires. Currently, employers must complete a new Form I-9 for each new hire and then enter the relevant information into E-Verify if they are enrolled in the program. This manual process is not without its challenges, often leading to data entry errors and E-Verify mismatches.

    Under the new system, new hires will electronically enter their biographical information, citizenship or immigration status, and acceptable identity documents using their myE-Verify secure personal account. Once the system confirms the employee’s eligibility, the employer will be notified, and they can complete the verification by examining the documents remotely, thanks to the new alternative verification option. The submitted information will be used to generate a completed Form I-9 for the employer to download and store. This seamless process minimizes the chances of data entry errors and ensures that the verification is accurate.

    Empowering Employees

    Another aspect of E-Verify NextGen worth noting is the empowerment it gives employees. Employers will no longer be the intermediary in resolving E-Verify mismatches. Employees will receive notifications and be able to resolve mismatches directly with the government, making the process more secure and private. While this feature may sound appealing, some HR organizations may want to retain an active role in helping employees resolve mismatches, potentially making this a point of contention for certain employers.

    Seamless Job Transitions

    E-Verify NextGen offers a solution to the repetitive process of completing a new Form I-9 and entering a new E-Verify case with each job change. Under this system, employees can carry their verification status when changing jobs. They can save their information in their myE-Verify account and easily update it for new employers, making job transitions smoother and more efficient.

    Targeted Audience And Considerations

    E-Verify NextGen is expected to be most beneficial for employers still completing I-9s on paper. For these organizations, the transition to NextGen promises a more seamless experience for new hires and employers. However, larger employers with interconnected onboarding systems and digital storage may not find the initial version of E-Verify NextGen to be the best fit. It lacks the features typically available through an electronic I-9 system. Nevertheless, as NextGen evolves, there is hope that USCIS will make it available to E-Verify Web Services agents, allowing for integration within more complex employer workflows.

    A Nudge Toward Adoption

    Employer use of E-Verify is currently voluntary, except for certain federal contractors, subcontractors, and employers in specific states that mandate its use. E-Verify NextGen is intended to serve as an additional incentive for more employers to consider adopting the system, particularly with the “optional alternative procedure” for examining I-9 documents remotely.

    The Future Awaits

    It’s important to note that E-Verify NextGen will not replace the standard version of E-Verify, at least for the time being. Employers will have the flexibility to choose between the current E-Verify process and the NextGen version. The proposed changes are currently under review by the Office of Management and Budget, signaling that the future of employment eligibility verification is on the horizon.

    E-Verify NextGen promises to revolutionize the way employment eligibility verification is conducted. Streamlining processes, empowering employees, and providing a more efficient system offer numerous benefits to employers and job seekers. As we eagerly await its release in 2024, the potential for a more seamless and error-free verification process is an exciting prospect for the world of employment.

    Have You Considered Partnering With A PEO

    With the employment eligibility verification process constantly changing, the role of a professional employer organization (PEO) becomes even more invaluable. PEOs like GMS specialize in HR functions, compliance, and payroll, offering businesses the expertise and support they need to navigate the complexities of systems such as E-Verify NextGen. By partnering with GMS, companies can ensure they’re well-prepared for the changes ahead, minimize administrative burdens, and focus strongly on their core operations. As the future unfolds and E-Verify NextGen becomes a reality, a PEO can be the guiding hand that leads businesses toward a seamless, compliant, and efficient verification process, allowing them to thrive in a rapidly changing employment landscape. Contact our HR experts today to learn more.

  • The employment landscape is constantly evolving in an era of digitalization and remote work. One significant change that has emerged recently is the option for qualified E-Verify users in good standing to verify Form I-9 remotely. While this may seem convenient for employers and employees, the road to compliance in this new territory is unclear. Legal experts urge caution and thoughtful consideration as businesses navigate the uncharted waters of remote I-9 verification.

    The Basics Of Remote I-9 Verification

    Effective August 1st, 2023, remote verification of identification and work authorization documents became an alternative option for qualified E-Verify users in good standing. To maintain this good standing, employers must meet the following criteria:

    1. Enroll in E-Verify for all hiring sites using the remote alternative procedure
    2. Remain in compliance with all E-Verify program requirements, including verifying the employment eligibility of newly hired employees 
    3. Continue to participate in E-Verify in good standing each time remote verification is used 

    In addition, new E-Verify employers and case managers must complete an E-Verify tutorial, including fraud awareness and anti-discrimination training. 

    Striking The Right Balance – Document Retention 

    One of the most crucial aspects of remote I-9 verification is document retention. Employers must keep clear and legible documentation of the process when using remote verification. During a live video interaction, the employer watches as the employee completes Section 1 of Form I-9 and uploads it.

    There is no specific platform requirement for the live video chat, leaving employers with flexibility. However, experts recommend avoiding overdocumentation. Over-documenting could be misinterpreted as a sign of discrimination based on an employee’s citizenship or national origin, potentially leading to lengthy investigations by the U.S. Department of Justice/Immigrant and Employee Rights Section.

    Employees have the freedom to present any document or combination of documents from the U.S. Department of Homeland Security’s (DHS’s) list of acceptable documents, and they are not obligated to provide specific items such as a Social Security card or passport. Employees can also request the traditional physical inspection process instead of remote verification.

    Recording The Video Chat: A Matter Of Privacy 

    Employers must be mindful of state privacy laws and consent requirements if they choose to record the live video chat. Privacy rules vary from state to state; some even demand audio disclosure. Prior consent from employer representatives is advisable, and any recording process should be based on nondiscriminatory reasons.

    However, it’s important to note that recording the video chat is not a regulatory requirement but rather an internal compliance decision. The DHS has not indicated that employers must maintain a recording of the document review in either video or screenshot format.

    Recording interactions may also raise data privacy and security concerns, potentially increasing HR departments’ burden. Employers should carefully consider additional tracking and documentation procedures, keeping in mind that the DHS does not mandate these and should be discussed with legal counsel.

    The Assistance Of A PEO

    In the complex landscape of remote I-9 verification, employers can find valuable support and expertise through a professional employer organization (PEO) like GMS. PEOs manage various HR functions, including compliance with immigration and employment eligibility regulations. At GMS, our HR experts help streamline the remote verification process, ensuring employers meet all legal requirements while alleviating the burden of navigating this intricate terrain alone. As we adapt to the ever-changing world of work, the partnership with GMS can prove invaluable in maintaining compliance, protecting privacy, and ultimately facilitating a seamless transition into this new era of remote I-9 verification. Contact our HR experts today!

  • With August in full swing, a significant milestone in employment eligibility verification awaits. Qualified E-Verify users in good standing will now have the option of remote verification for identification and work authorization documents associated with Form I-9. This revolutionary change comes after a series of developments in response to the pandemic, presenting employers with newfound flexibility in hiring and documentation procedures. Continue reading to delve into the background, benefits, and eligibility criteria for remote verification.

    The Evolution Of Form I-9 Compliance

    The COVID-19 pandemic brought forth unprecedented challenges for employers, requiring swift adaptations to comply with Form I-9 requirements. On March 20th, 2020, the Department of Homeland Security (DHS) and U.S. Immigration and Customers Enforcement (ICE) offered employers with remote employees the ability to obtain, inspect, and retain copies of identification and employment eligibility documents virtually. This temporary provision responded to the sudden shift to remote work and allowed businesses to maintain compliance despite their dispersed workforces.

    In response to this initiative and the experiences of employers during this period, the U.S. Citizenship and Immigration Services proposed a rule for alternative procedures in its regulatory agenda. After receiving valuable feedback, ICE announced the winding down of the pandemic flexibilities on May 4th, 2023, setting a sunset date of July 31st, 2023. However, an employer will not be required to physically examine the documentation associated with a Form I-9 if it:

    • Was enrolled in E-Verify at the time of hire 
    • Created an E-Verify case for that employee
    • Performed the remote inspection between March 20th, 2020, and July 31st, 2023 

    Introducing Remote Verification – The Alternative Procedure 

    On August 1st, 2023, remote verification began offering qualified E-Verify users in good standing an innovative approach to comply with Form I-9 requirements. To be eligible for this option, employers must have enrolled in E-Verify for all hiring sites using the alternative procedure and must comply with all E-Verify program requirements. Continued participation in good standing in E-Verify is necessary whenever the employer opts for remote verification.

    The remote verification process commences with a live video interaction between the employer and the new hire. During this session, the employee completes Section 1 of Form I-9, which is then uploaded and sent to the employer. A subsequent live video chat occurs, where the employer witnesses the employee present their original employment verification document to the camera for inspection. The new I-9 form will feature a corresponding box for the employer to check when utilizing the alternative procedure for Section 2 or re-verification.

    Benefits And Considerations 

    Embracing remote verification opens doors to numerous benefits for employers and employees alike. For employers, this alternative option streamlines the hiring process by eliminating the need for in-person document verification, saving time and resources. Moreover, it accommodates remote employees, making hiring talent from different geographical locations easier. The remote verification process also encourages paperless documentation, promoting a greener and more sustainable workplace.

    However, employers must ensure consistent application of the alternative procedure for all employees at a hiring site, with the exception of hybrid workers who may require in-person verification. Employees can also have an in-person meeting if they prefer, ensuring that flexibility is maintained throughout the hiring process.

    Understanding Who Is Eligible To Use Remote Verification 

    To qualify for remote verification, also known as the “alternative procedure,” employers must meet specific criteria and maintain good standing with E-Verify. This includes:

    • Enrollment in E-Verify for all hiring sites that utilize the alternative procedure
    • Compliance with all E-Verify program requirements, including verifying the employment eligibility of newly hired employees
    • Continued participation in good standing with E-Verify whenever remote verification is employed 

    In addition, new E-Verify employers and users responsible for managing and creating cases must complete an E-Verify tutorial. Existing E-Verify employers who have already undergone the training do not need to repeat it for remote verification eligibility.

    Leveraging PEO Expertise

    In navigating the intricacies of remote verification and maintaining compliance with Form I-9 requirements, partnering with a professional employer organization (PEO) can be a game-changing solution for businesses. A PEO like GMS brings a wealth of expertise and resources to the table, offering comprehensive HR support, streamlined processes, and up-to-date knowledge of ever-changing regulations. From handling E-Verify enrollments to guiding employers through the intricacies of remote verification, GMS’ HR experts ensure a seamless transition to the alternative procedure. By teaming up with GMS, businesses can focus on their core operations and talent acquisition, confident that their employment eligibility verification processes are in the hands of experienced professionals. Embrace the future of remote verification with the guidance of a PEO, and unlock a world of compliance, efficiency, and peace of mind. Contact us today to learn more.

  • Starting July 1st, 2023, private employers with 25 or more employees will be required to embrace the cutting-edge E-Verify system. This online tool empowers employers to swiftly verify an employee’s eligibility for employment within three business days from their start date. Currently, all private employers in Florida must utilize either E-Verify or Form I-9 to verify the eligibility of new hires, while public employers are already required to use E-Verify.

    Understanding E-Verify

    E-Verify is an internet-based system that confirms employment eligibility by comparing information an employer enters from an employee’s Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and Social Security Administration. It’s the only online service that electronically confirms an employee’s information against millions of government records and provides results within as little as three to five seconds.

    Key Considerations For Florida Employers 

    For employers subject to the E-Verify requirement, it’s essential that you’re aware of your responsibilities. On the initial unemployment insurance (UI) tax return of each calendar year, these employers must certify their compliance with state law when making UI contributions or reimbursing the state’s UI system. Complying with this obligation showcases an employer’s commitment to adhering to the stipulated regulations and demonstrates their dedication to maintaining a robust employment verification system.

    In addition, effective July 1st, 2024, the Florida Department of Economic Opportunity (DEO) will play a major role in ensuring E-Verify compliance. If the DEO determines an employer has failed to utilize the E-Verify system as mandated, notification will be issued to the employer, providing them with a 30-day grace period to rectify the situation. In cases where an employer is found to have neglected E-Verify obligations three times within 24 months, the DEO must impose a fine of $1,000 per day until the employer demonstrates proof of compliance. These measures underscore the significance of upholding the E-Verify requirement and reinforce the importance of timely adherence.

    GMS Is Here To Help 

    For small business owners in Florida, implementing changes related to employment eligibility can be a daunting task. However, partnering with a professional employer organization (PEO) like GMS can guide you throughout this transition. Integrating the E-Verify system into existing HR processes can be challenging. However, our HR experts have the experience to incorporate E-Verify into the onboarding and hiring procedures seamlessly. We help with the system setup, employee training, and the integration of E-Verify with existing HR software, ensuring a smooth transition for small business owners. Ultimately, we ensure small business owners are well-informed and equipped to make informed decisions. Contact us today to learn more.

  • On May 10th, 2023, Florida Governor Ron DeSantis signed Senate Bill (SB) 1718. This requires private employers with 25 or more employees and public employers in Florida to use the E-Verify system to verify the employment eligibility of new employees starting July 1st, 2023. The bill aims to combat the dangerous effects of illegal immigration caused by the federal government’s border policies.

    Unpacking The Bill

    SB 1718 does the following: 

    • Requires employers to use E-Verify to check the employment eligibility of employees and fines employers who fail to use E-Verify $1,000 per day
    • Suspends licenses of any employer who knowingly employs illegal aliens and makes using a fake ID to gain employment a felony
    • Enhances penalties for human smuggling, including making knowingly transporting five or more illegal aliens or a single illegal alien minor a second-degree felony which is subject to a $10,000 fine and up to 15 years in prison
    • Provides $12 million to continue the Unauthorized Alien Transport Program to relocate illegal immigrants to sanctuary jurisdictions 
    • Bans local governments and non-governmental organizations (NGOs) from issuing identification documents to illegal aliens and invalidates all out-of-state driver’s licenses issued exclusively to illegal aliens 
    • Requires hospitals to collect and report health care costs for illegal aliens 

    Governor DeSantis has been a vocal critic of how Biden’s administration has handled the border crisis and has repeatedly called for stronger action to be taken. While the bill has received praise from those who support tougher immigration policies, it has also been criticized by those who believe it’s an unjust attack on immigrants and could lead to racial profiling and discrimination.

    Your Responsibility As A Business Owner

    This new law comes with hefty fines for non-compliance, and staying up-to-date on ever-changing regulations can be overwhelming, especially for small business owners in Florida. But fear not, as a professional employer organization (PEO), we’re here to help! Our primary role is to provide comprehensive HR services, including payroll, benefits administration, and compliance management. With our expertise, we can assist with implementing new legislation and ensure your business remains compliant.

    Our HR experts will review your hiring practices, conduct I-9 audits, assist with E-Verify, and provide guidance on properly documenting your employees. We’ll even help you update your HR policies to align with the new regulations. Don’t let this new legislation become a burden. Get a quote from us today and have peace of mind knowing that we’ve got your back.

  • The U.S. Citizenship and Immigration Services (USCIS) will be disposing of E-Verify records created on or before December 31st, 2012. E-Verify is an internet-based system that compares information an employer enters from an employee’s Form I-9 and employment eligibility verification to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility.

    What To Know As A Business Owner

    If you’re an E-Verify employer, you have until June 23rd, 2023, to download case information from the Historic Records Report to retain information about your older E-Verify cases. You’re required to record the following:

    • E-Verify case verification number on the corresponding Form I-9
    • Employment eligibility verification 
    • Attach a copy of the case details page to the Form I-9

    It’s essential to download the Historic Records report from E-Verify at the end of every year. 

    The Historic Records report provides case data, including basic company and case identifiers and case resolution information. The case data does not include sensitive employee information such as Social Security numbers or document numbers.

    To download Historic Records, click here for instructions.

    GMS Is Here To Help

    As this deadline is approaching quickly, consider partnering with a professional employer organization (PEO) such as GMS. GMS’ HR experts ensure that E-Verify employers are prepared to download case information before it’s deleted by monitoring case status, providing guidance and support, and maintaining records. We will keep your records of all E-Verify cases, ensuring you have access to the information you need. Ultimately, we help you comply with E-Verify requirements and avoid potential penalties. Contact our HR experts to get started today.