Business Immigration Monthly - October 2022

Form I-9 Employee Eligibility Verification Update

The Department of Homeland Security (DHS) announced that it is extending the COVID flexibilities for Form I-9 completion until July 31, 2023. These flexibilities allow employers to use methods other than in-person physical document inspection, such as viewing an employee's identity and work authorization documents over video link, via fax or email, or other remote viewing, when completing the Form I-9 verification process for remote workers. An employer is expected to complete the in-person document verification of employees who physically report to work at a company location on any regular consistent or predicable basis.

If the employment relationship ended before the employer is able to inspect and verify in-person the employee's documents of identity and work authorization, the employer may add a note of the circumstances to the Form I-9.