The Department of Homeland Security’s (“DHS”) COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, will end on July 31, 2023. Prior to the onset of the COVID pandemic, employers were required to complete the Form I-9 and do in-person verification of an individual’s employment authorization documents. In response to COVID-19 safety measures in 2020, DHS provided some flexibilities as an alternative to an in-person inspection.
With the end of the temporary flexibilities, employers will need to complete in-person physical document inspections by August 30, 2023 for employees whose documents were inspected remotely during the temporary flexibilities. Authorized representatives can be designated to complete Forms I-9 and conduct the required in-person physical document inspection on behalf of employers. Lack of Form I-9 related compliance or completion of the physical inspection may result in significant fines.
In August 2022, DHS proposed a rule that would allow for permanent alternative procedures for remote document review in connection with the Form I-9. DHS anticipates publishing a Final Rule in the Federal Register that will implement this proposal. Nonetheless, Employers should be prepared to act now and complete in-person physical document inspections for employees whose documents were inspected remotely prior to August 30, 2023, as any permanent provision is not likely to happen before the temporary flexibilities end on July 31, 2023.
This information was provided for educational purposes only. If you have any questions, please feel free to contact our offices.