Key Points
- Employers have until August 30, 2023, to complete all required physical inspections of identity and employment eligibility documents
- COVID-19 flexible measures for Form I-9 document inspection will end on July 31, 2023. Employers will then have an additional 30 days to reach compliance with Form I-9 physical inspection requirements.
- Since March 2020, fully remote employers have been able to inspect employment verification documents remotely
- Employers should plan ahead for resuming in-person inspection of I-9 documents as of July 31, 2023, at the latest.
Overview
US Immigration and Customs Enforcement (ICE) has announced that employers have 30 days to comply with Form I-9 inspection requirements when COVID-19 flexibilities end.
In March 2020, ICE introduced flexible I-9 document inspection protocols when the COVID-19 pandemic began. The flexibilities allowed employers operating entirely remotely during the pandemic to verify employment eligibility documents virtually via video link, email, or fax. The flexibilities were extended several times during the pandemic. The flexibilities will remain in place through July 31, 2023, and employers have an additional 30 days (through August 30, 2023) to comply with physical I-9 document inspection requirements for all employees whose documents were previously inspected remotely. Once the employees’ documents are physically examined, the employer would add “documents physically examined” with the examination date to the Section 2 Additional Information field on Form I-9 or Section 3, as appropriate.
Looking Ahead
Employers that have been inspecting I-9 documents virtually for the past three years should start planning in-person verification as soon as possible to comply with the changing policies ahead of the deadline.
Please reach out to your counsel for any questions regarding this process.
On August 18, 2022, DHS issued a proposed rule that would allow alternative procedures for the examination of identity and employment eligibility documents—the public comment period closed on October 17, 2022. DHS is currently reviewing public comments and plans to issue a final rule later this year.
Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Dmitri Pikman, Supervising Attorney, Corporate Immigration Partners
Source: US Immigration and Customs Enforcement (ICE)
