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  • 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!

  • On August 18th, a proposed rule from Immigration and Customs Enforcement (ICE) could give employers more options when reviewing I-9 documents submitted by new hires. One of these options could allow the permanent ability to review Form I-9 documents remotely.

    Should this rule get finalized, it would create a framework under which the U.S. Department of Homeland Security could “pilot various options, respond to emergencies similar to the COVID-19 pandemic, or implement permanent flexibilities upon a specific determination as to the level of security, including, but not limited to, fraud risk.” Following this proposed rule, there will be a 60-day comment period. A comment period is the range of time the public has to submit input before an agency makes a final decision on a proposed rule.

    Previous I-9 Review Process

    Before the proposed rule, ICE required all employers to examine worker identification in person as part of the Form I-9 completion process. As an employer, businesses would often contract with a third party to review these documents if you had employees who worked from a different location. Recently, ICE allowed remote review for some employers due to the COVID-19 pandemic. While this is still in place, employers must follow up with an in-person inspection.

    A Work In Progress 

    Due to the lengthy federal rulemaking process, there are still a few questions that need to be answered. The agency is requesting input on several concerns from employers that include:

    • Ways to reduce fraud
    • How to avoid discrimination 
    • Considering various document requirements applicable to the remote examination 
    • Detection of fraudulent document detection or antidiscrimination training requirements for employers
    • Will employers enrolled in E-Verify be able to use alternative procedures 

    Since the beginning of COVID-19, many employers have opted for remote review options. However, they are requesting to improve remote examination methods.

    I-9 Review Made Easy

    At GMS, we provide our clients with paperless onboarding, benefits enrollment, payroll, and employee training to help your new employee get acclimated and set up for success. As a business owner, you understand the extensive amount of time it takes to onboard a new hire. Implementing our streamlined onboarding process allows your team to be easily guided through each step. Simplify the hiring process, and let GMS make it easy. Contact us today to learn more.

  • U.S. Citizenship and Immigration Services (USCIS) announced that employers have until July 31st, 2022, to update employees’ Form I-9, if needed. Previously, the Department of Homeland Security (DHS) adopted a temporary policy in response to challenges individuals experienced with renewing documents during the COVID-19 pandemic.

    If an employee presented an expired List B document between May 1st, 2021, and April 30th, 2022, employers are now required to update their Forms I-9. The following are considered List B documents that must be updated:

    • Driver’s license or ID card
    • School ID with a photograph
    • Voter’s registration card
    • U.S. military card or draft record
    • Military dependent’s ID card
    • And more

    Employees still employed must provide their employer with an unexpired document establishing their identity. No action is required if:

    • The employee is no longer employed
    • The List B document was automatically extended by the issuing authority, so it was considered not expired when presented. 

    Onboarding With GMS 

    You don’t have to worry about new rules and regulations when partnering with GMS. Our experts keep you up to speed on the latest legislative changes. We take your new hires through the onboarding process. Your new employees can easily submit any required forms and sign documents through our online portal, GMS Connect. Contact us today to learn more about how GMS can save you time and money.

  • The U.S. Department of Homeland Security (DHS) is ending its temporary COVID-19 related policy which allowed employers to use expired List B identity documents when it came to I-9 forms. As a result, expired identity documents will no longer be accepted to verify an employee’s eligibility to work beginning May 1, 2022.

    Authorities were unable to renew List B identity documents in a timely manner after COVID-19 became active in 2020, which allowed employees to temporarily present expired identity documents. Any employee who has provided employers with expired documents from May 1, 2020- April 30, 2022, will now be required to update their I-9s by July 31st, 2022.

    According to DHS: 

    • Any employee who previously presented an expired List B document and is currently still an employee, must provide an updated document establishing their identity.
    • No action is required if the employee is no longer employed by the company.

    There is separate COVID-19-related guidance that allows employers to review Form I-9 documents virtually, which is different than this DHS announcement. Reviewing Form I-9 documents virtually is in effect until at least April 30th, 2022. Dawn Lurie, Senior Counsel in the immigration practice group stated, “The announcement signals to us that we are nearing the end of the COVID-19 relaxation of the in-person review policy, which means that companies should start to address the population of folks that were virtually completed.”

    A violation in this regard could cost anywhere from $234 to thousands of dollars. Stacey Larotonda, GMS’ Vice President of Client Services, shares, “While some business owners think they are being cost savvy by keeping their HR functions in-house, they’re actually gambling on how expensive an overlooked error could be. All too often we see business owners being slapped with large fines, simply because they didn’t know better or weren’t keeping up with these legislative changes.”

    Regulatory compliance is complex and ever-changing. For our 2,000+ clients across the country, GMS handles these responsibilities so the business owners don’t have to. Get in touch today.

  • U.S. Immigration and Customs Enforcement (ICE) recently announced an extension of the flexibility in rules related to Form I-9 compliance that was initially granted last year. With the ongoing pandemic, the Department of Homeland Security (DHS) has extended this policy until April 30th, 2022.

    Under said policy, employers may inspect the I-9 documents of certain remote employees by way of camera or fax. This extension will lend a hand in ensuring the guidance for employees hired on or after April 1, 2021, that work exclusively in remote settings due to COVID-19-related precautions, will remain in place until they undertake non-remote employment on a regular, consistent, or predictable basis, or until the extension is terminated. Upon commencing non-remote employment, the employer must verify the employee’s documents in person, within three business days.

    While some questions were raised in determining what to do if a remote employee leaves the job before the employer has a chance to inspect their I-9 documents in person, ICE provided the following information: “Employers may be unable to timely inspect and verify, in-person, the Form I-9 supporting documents of employee(s) hired since March 20, 2020, . . .in case-by-case situations (such as cases in which affected employees are no longer employed by the employer). In such cases, employers may memorialize the reason(s) for this inability in a memorandum retained with each affected employee’s Form I-9. Any such reason(s) will be evaluated, on a case-by-case basis, by DHS ICE in the event of a Form I-9 audit.” Still, little clarity is provided when a “case by case” policy is referenced. That said, GMS’ Vice President of Client Services Stacey Larotonda recommends employers do what they can in obtaining Form I-9 documentation physically to avoid any complications down the road.

    ICE is anticipated to significantly expand its I-9 inspection efforts when the pandemic nears its end – at which point, the federal government will be looking for errors made under the relaxed rules, as well as other commonly made mistakes – such as not entering the initial date of employment or incorrectly submitting a section. Knowing that the minimum fine per individual for paperwork or technical violations in 2020 was $234, and could run upwards of thousands of dollars, it’s recommended that an employer first self-audits, then partners with a PEO like GMS to assist in the efforts.

    Our HR experts will continue to monitor for updates in this matter. To learn more about GMS and how our services could be your best defense against I-9 errors, contact us today.