Next Steps For Employer I-9 Compliance As Temporary Flexibility Ending July 31, 2023

U.S. Immigration and Customs Enforcement (ICE) has announced that employers will have 30 days to comply with Form I-9 employment eligibility verification physical document examination requirements when COVID-19 flexibility sunsets on July 31, 2023.

This answers two pressing questions employers and attorneys have been asking:

• Will the temporary I-9 flexibility be extended again beyond July 31, 2023?
  • The answer is "no"
• Will employers have more than three business days to conduct physical examination of documents that were examined remotely when temporary flexibility ends?
  • The answer is "yes" - employers will have 30 days until August 30, 2023

Since March 20, 2020, there has been an exception to the in-person I-9 verification requirements, allowing documentation to be virtually reviewed for certain remote employees. Pursuant to ICE's announcement, the exception will no longer be in effect after July 31, even for employees who have not