End of Remote Form I-9 Verification and New E-Verify Requirements

I. Form I-9 – In Person Verification of Employee Documents Required.

Since March 20, 2020, the Department of Homeland Security (DHS) has allowed employers to conduct remote Form I-9 document inspections. However, starting July 31, 2023, employers must return to physically inspecting employees’ I-9 documents. Additionally, employers have until August 30, 2023, to physically inspect all previously remotely verified employee Form I-9 documents.  When verifying employee documentation for the purpose of Form I-9 completion, employers should keep a photocopy of the documents with the Form I-9.

II. E-Verify Requirements – An Increasing Number of States Are Mandating E-Verify for Private Employers.

Although not currently required in Illinois for private employers, Florida has joined other states that have implemented E-Verify requirements for private employers including, but not limited to, Alabama, Arizona, Georgia, Indiana, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee. Starting July 1, 2023, private employers in Florida with more than 25 employees must use the federal government’s E-Verify system for newly hired employees. Employers subject to this new law must verify employees hired on or after July 1, 2023, using the E-Verify system within three business days of the employee’s first day of work.  The new law provides additional requirements for employers including:

• Employers must retain records of documentation and verification of newly hired employees for at least three years (further retention may be required under other applicable laws).
• If the E-Verify system is unavailable, employers must continue to use the Form I-9 to verify new hires and document that the E-Verify system in unavailable by saving a screenshot of the system being down and/or saving any public announcement regarding its unavailability each day.
• Employers will be subject to audits to ensure enforcement.

Penalties for failure to comply take effect on July 1, 2024. Employers who receive notice of their failure to use the E-Verify system will have 30 days to cure the noncompliance. Employers who fail to use the E-Verify system three times within any 24-month period are subject to a fine of $1,000 per day until sufficient proof is provided that their noncompliance is cured. Further, if applicable, noncompliance can result in suspension of state licensing issued by a state licensing agency until the noncompliance is cured.