Section 2 or reverification while using the COVID-19 flexibilities .

• Created an E-Verify case for that employee ( except for reverification ); and

• Performed the remote inspection between March 20 , 2020 , and July 31 , 2023 .

Such employers should not create a new case in E-Verify . All qualified employers that use the alternative procedure instead of physical examination as described above must follow the steps of the alternative procedure and add “ alternative procedure ” with the date of examination ( meaning the date the employer performed a live video interaction as required under the alternative procedure ) to the Section 2 Additional Information field on the Form I-9 or in Section 3 , as appropriate .

Employers who were not enrolled in E-Verify during the COVID-19 flexibilities must still complete an in-person physical examination by Aug . 30 .

8 Best Practices for Employers to Maximize Compliance

Even with the new improvements , Form I-9 remains deceptively simple . Any time a one-page form requires eight pages of instructions , two supplements , a 146-page handbook on how to complete the form , and the potential for significant monetary and criminal penalties , it will continue to present a significant compliance challenge for employers . Here are eight steps you can take to create a culture of compliance :

1 . Provide updated training for all managers , human resources personnel and staff involved in the I-9 process .

2 . Provide updated training for all involved in the E-Verify process , including training on fraud awareness and anti-discrimination .

3 . Update immigration policies in handbooks . 4 . If your company does not have an immigration compliance policy , now is the right time to consider implementing one . 5 . Update internal business processes associated with I-9s and

E-Verify .

6 . If your company uses an electronic I-9 provider , contact the provider now to ensure its system incorporates the new changes and complies with DHS requirements , including audit trails .

7 . Enlist outside immigration counsel to conduct an attorneyclient privileged audit of your I-9s that were completed from March 20 , 2020 , to July 31 , 2023 .

8 . Evaluate E-Verify advantages and disadvantages with your immigration counsel to determine if your company should take advantage of the remote verification option for E-Verify employers .

Conclusion

Fisher Phillips will continue to monitor developments once the Final Rules are published and will provide additional guidance as it becomes available . If you have further questions , contact Hagood Tighe at htighe @ fisherphillips . com .

This summary document is intended for general business information purposes only . It is not a complete or all-inclusive explanation , and it should not be construed as tax or legal advice on any specific facts or circumstances . Numerous regulations , interpretations and other authorities must be evaluated in applying these principles . G

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