On May 4, 2023, DHS and ICE announced that employers have an additional 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities sunset on July 31, 2023. These I-9 flexibilities were first announced in March 2020 and extended throughout the COVID 19 pandemic. Now that the I-9 flexibilities allowing remote inspection are ending, employers must ensure that all required physical inspection of identity and employment eligibility documents for individuals hired on or after March 20, 2020, is completed by August 30, 2023.
USCIS has also provided guidance on how to update Form I-9s following the required in-person physical inspection of documents.
There is a strong push for alternative procedures allowing remote document examination – DHS is considering this – it published a Notice of Proposed Rulemaking last year, but it is going through the review process. A Final Rule will be published in the Federal Register once it completes the rulemaking process.
