The Department of Homeland Security (“DHS”) and U.S. Immigration and Customs Enforcement (“ICE”) has announced that employers will have until August 30, 2023, to comply with Form I-9 requirements and to ensure that all required physical inspection of identity and employment eligibility documents have been satisfied.
As we previously reported, the flexible policy was adopted in response to the COVID-19 pandemic and it allowed employers with a remote workforce to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) and section 274A of the Immigration and Nationality Act. Instead, employers could examine the employees’ documents remotely and enter “COVID-19” as the reason for the physical examination delay in the Section 2 Additional Information field when physical examination took place in the future. That policy was extended through July 31, 2023. Now, employers will have until August 30, 2023, to perform the usual, physical (in-person) inspection of any documents that have only been reviewed remotely/virtually up until now.
DHS encourages employers who have been using the temporary flexibilities to plan ahead to ensure that all required physical inspection of identity and employment eligibility documents is completed by Aug. 30, 2023.