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ARTICLE · 26 MAY 2023

End Of Pandemic Era I-9 Flexibilities

As affected employees submit their documentation for in-person physical inspection, their I-9s should be amended to reflect in-person review.

United StatesImmigration

As predicted in our previous article, an employer's ability to complete the Form I-9 process through the remote inspection of identity and employment eligibility document(s) is ending, at least for now. U.S. Immigration and Customs Enforcement (ICE) announced that employers have until August 30, 2023, to ensure completion of an in-person physical inspection of any identity and employment eligibility document(s) that they had previously only reviewed remotely (e.g., via video conference, email, facsimile, etc.) pursuant to the COVID-19-era flexibilities previously granted by ICE.

Employers are therefore encouraged to immediately and carefully review all Form I-9s for current employees who were hired on or after March 20, 2020, to determine if any forms were completed using remote inspection of identity and work authorization document(s) and, if any are located, to contact affected employees to schedule an in-person physical inspection of their documents. Affected

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