U.S. Department of Homeland Security to End Form I-9 Requirement Flexibility

As employers navigated the challenges posed by the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) introduced flexibility to the Employment Eligibility Verification process on Form I-9. These flexibilities allow for remote inspection of identity and employment eligibility documents, providing a temporary solution to the physical proximity concerns brought about by the pandemic.

Under this flexibility, employers were allowed to defer physical document review and conduct remote inspections. Employees' documents could be examined remotely, using video, fax, or email. Employers were required to indicate "COVID-19" as the reason for the physical examination delay. Once physical examination became possible, employers were responsible for adding the notation "documents physically examined" along with the date of examination on the Form I-9.

On May 4, 2023, DHS announced that this flexibility will expire on July 31, 2023. Employers will have 30 days, until August 30, 2023, to complete all required physical inspections of identity and employment eligibility documents for individuals hired on or after March 20, 2020. Employers must ensure they meet these deadlines to maintain compliance with the Form I-9 requirements. For any specific questions or concerns, employers should be sure to consult with their legal services providers.

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