Complying With I-9 Verification As COVID-19 Flexibilities Expire

In May, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced that the Form I-9 flexibilities allowing for remote verification will end on July 31, 2023. DHS regulations designed to create a permanent remote examination process were anticipated but have not been issued. Therefore, employers must comply with the pre-pandemic Form I-9 in-person inspection and verification requirements for all new hires onboarded on or after August 1, 2023, including remote personnel. For all current employees whose Form I-9 documentation was inspected remotely under the temporary flexibility policy, employers must conduct an in-person reinspection of such documents and update the Form I-9s by August 30, 2023 in accordance with the guidance from the U.S. Citizenship and Immigration Services (USCIS).