Form I-9 : What staffing agencies need to know and prepare for the big changes in 2023

Form I-9 is a crucial document that employers and employees must complete before commencing work. It ensures compliance with employment eligibility requirements in the United States and involves physically inspecting employees' identity and employment eligibility documents, such as passports or driver's licenses.

During the pandemic, physical inspections of identity and employment documents were waived. However, starting July 31, 2023, employers will be required to reinstate this practice. Here's a simple breakdown of what's changing and how employers can navigate the process smoothly:

Specific Changes to I-9:

From July 31, 2023, employers must physically inspect employees' identity and employment eligibility documents, such as passports or driver's licenses, before hiring them. Employers that have been relying on remote I-9 inspections will have up to thirty days to comply with the physical inspection requirements after the COVID-19 flexibilities end on July 31, 2023. This means that by August 30, 2023, employers will need to conduct physical inspections of original documents and update Form I-9 for employees whose documents were verified remotely. This requirement was temporarily waived due to COVID-19 but will now be mandatory once again.

Steps to Simplify the New I-9 Process:

• Training for Staff: Make sure that HR personnel and supervisors are well-versed with the revised Form I-9 prerequisites and the appropriate methods for document validation. Equip them with the necessary training and tools to manage the procedure efficiently.

• Preparing Checklists: Prepare a checklist of acceptable documents for identity and employment verification. This will help streamline the process and ensure that all required documents are collected during the verification.

• Embrace Technology to Simplify the I-9 Process: With the reinstatement of physical inspections for Form I-9, employers can further streamline the compliance process by leveraging the right technology. Implementing digital solutions can significantly enhance efficiency and accuracy, making the I-9 process more manageable. Consider the following tips:

• Choose an Electronic I-9 Solution:Invest in an electronic I-9 solution that allows for seamless completion, storage, and retrieval of I-9 forms. Digital platforms ensure consistency and help eliminate errors associated with manual paperwork.

• Use E-Verify Integration: Opt for a system that integrates with E-Verify, the federal electronic employment verification program. This integration simplifies the verification process and ensures compliance with federal regulations.

• Leverage Document Verification Tools: Some electronic systems offer document verification tools that automatically authenticate the identity and eligibility documents provided by employees. These tools can minimize the risk of accepting fraudulent documents and streamline the verification process.


• Ensure Data Security: Prioritize data security when choosing an electronic I-9 solution. Look for platforms with robust security measures to protect sensitive employee information and ensure compliance with data privacy regulations.

Steps to strategize and implement I-9 changes:

• Review and Update Policies: Review your existing policies and procedures related to Form I-9 completion and verification. Update them to align with the reinstated physical inspection requirement.

• Create an SOP Manual: Employers should establish a Standard Operating Procedure (SOP) manual for their I-9 processes. This manual ensures continuity and serves as a comprehensive plan to present to ICE auditors. Demonstrating a solid and orderly approach to I-9 completion and storage can bolster compliance efforts.

• Internal Audits: Conduct internal audits to ensure all existing employee I-9 forms are in compliance with the reinstated physical inspection rules. This will help identify any discrepancies and address them promptly.

• Implement Annual I-9 Training: Incorporate annual I-9 training for employees responsible for completing the form. Regular training keeps staff up-to-date with any changes to the process and fosters a culture of compliance.

• Seek Professional Assistance: Reach out to legal experts or immigration specialists to seek advice on I-9 compliance and any other relevant requirements. Professional guidance can help you avoid errors and penalties. Penalties have been increased from $237 to $2,360, with first offenses now ranging from $252 to $2,507. By following proper procedures and showing a sincere effort to comply, employers can ensure a smooth and penalty-free I-9 process.

Self-service Tools Can Be A Game-changer In Simplifying The I-9 Process For Both Employers And Employees. 

Here's how self-service tools can make the I-9 process more efficient and hassle-free:

• Process Guidance:  Self-service tools typically come with a user-friendly interface that guides employees through the I-9 completion process step by step.
•  
• Automatic Notifications: Self-service tools can send automated reminders to employees and employers about expiring work authorizations or re-verification requirements, helping to ensure timely updates and compliance.


• Centralized Data Management:  Self-service tools centralize all I-9 data in one secure location, making it easy for HR professionals to manage and track the status of each employee's I-9 form.

• Reduced Paperwork:  By digitizing the I-9 process, self-service tools minimize the need for physical paperwork and manual data entry, saving time and reducing the risk of errors. The system will store the documents, ensuring easy access and compliance with record-keeping requirements.
•  
• Enhanced Reporting and Auditing:  Self-service tools offer robust reporting features that allow HR teams to generate I-9 compliance reports and quickly identify any potential issues. This makes internal audits and government inspections more efficient and stress-free.

Form I-9 compliance is a critical aspect of the hiring process, and staying up-to-date with changes is essential to avoid penalties and ensure smooth onboarding for new employees. As of July 31, 2023, physical inspections of identity and employment documents will be mandatory again. Employers must be prepared to implement this change while maintaining accurate and compliant records. As you navigate the transition to physical inspections, leveraging the right tools will help you stay compliant and achieve a seamless I-9 management process.

For additional insights on streamlining your onboarding process, check out our blog: https://www.nextcrew.com/blog/how-to-enhance-workers-compliance-process-as-a-staffing-manager or https://www.nextcrew.com/blog/why-do-you-need-to-revamp-your-staffing-agency-onboarding-process

For more information on Form I-9 compliance and the latest updates, refer to resources from reputable sources such as DHS Ends Form I-9 Requirement Flexibility. Stay compliant and make your onboarding process a breeze!