Form I-9 Remote Flexibilities To End On July 31, 2023

On May 4, 2023, the US Immigration and Customs Enforcement (ICE) and Department of Homeland Security (DHS) announced that the temporary COVID-19 flexibilities permitting remote Form I-9 identification inspections will expire on July 31, 2023. Under a 30-day grace period provided by the agencies, employers will be required to conduct in-person verification of Form I-9 documents by August 30, 2023, for all employees who were virtually verified since March 2020.

Form I-9 flexibilities during COVID-19

In March 2020, the DHS announced that it would temporarily permit employers operating remotely due to COVID-19 to inspect Form I-9 Section 2 documents on a virtual basis, including via video link, fax or email. The flexibilities eventually were extended to employees operating remotely until they undertook nonremote employment on a "regular, consistent, or predictable basis," or until the extension of the flexibilities was terminated, whichever happened earlier.