COVID-related Form I-9 Remote Verification Flexibilities Extended Through July 31, 2023

On October 11, 2022, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension through July 31, 2023 of Form I-9 remote verification flexibilities first announced in March 2020 and later updated in March 2021.

The March 2020-announcement, issued in response to COVID-19 public health guidance and precautions, enabled DHS to exercise prosecutorial discretion to defer physical presence requirements for the Form I-9, Employment Eligibility Verification under Section 274A of the Immigration and Nationality Act (INA). Under this exception, employers and workplaces operating remotely due to COVID-19 are not required to review an employee's identity and employment authorization documents in the employee's physical presence. However, employers must inspect the Form I-9 Section 2 documents remotely (e.g. video conference, fax, email, etc.) and obtain, inspect, and retain copies of the documents within three (3)