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ARTICLE · 02 AUGUST 2023

I-9 Forms: Back To (In-Person) Basics, But With A New Exception

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In March 2020, in response to the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) temporarily granted employers operating remotely due to the pandemic...

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In March 2020, in response to the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) temporarily granted employers operating remotely due to the pandemic the flexibility to inspect employee I-9 documentation remotely rather than in person. On July 31, 2023, this temporary flexibility ends, and employers will again be required to physically inspect employee I-9 documents (or, if not feasible, to designate an authorized representative to do so on the employer's behalf). In addition, by no later than August 30, 2023, employers are required to inspect in person the identity and employment eligibility documents of those employees who were hired on or after March 20, 2020 and had their I-9 documentation only remotely examined.

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