Important I-9 Updates For May 2023

Temporary I-9 flexibilities program allowing remote I-9 inspection ends July 31, 2023.

• As the Biden administration has decided to end the COVID-19 national and public health emergency effective May 11, 2023, the U.S. Department of Homeland Security (DHS) does not intend to extend the I-9 flexibilities program beyond the current July 31, 2023 expiration date.
• Employment Eligibility Verification (Form I-9) flexibilities were first announced on March 20, 2020, due to safety precautions relating to the COVID-19 pandemic.
• The program, which underwent multiple extensions, permits employers to review I-9 documents remotely for certain new employees working remotely due to COVID-19. In such situations, employers are temporarily exempt from physical inspection requirements until they undertake in-person, non-remote employment on a regular, consistent, or predictable basis, or the expiration of the flexibility provisions—whichever is earlier—after which, physical