Share on LinkedInShare on LinkedIn

ARTICLE · 30 MAY 2023

Ready Or Not: Form I-9 Flexibilities Are Winding Down

Seyfarth Shaw LLP
Seyfarth Shaw LLP
Contributor
Seyfarth Shaw LLP

Seyfarth Shaw LLP

Our high-caliber legal representation and advanced delivery capabilities allow us to take on our...

View firm profile
Explore more from Seyfarth Shaw LLP

On May 4, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced the official sunset date for COVID-19 related Form I-9 physical...

United StatesImmigration
Dawn Lurie
Dawn Lurie
Author LinkedIn connections

By: Dawn Lurie, Matthew Parker* and Amber Stokes*

On May 4, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced the official sunset date for COVID-19 related Form I-9 physical inspection flexibilities: July 31, 2023. Additionally, ICE advised that employers would have 30 days, or until August 30, 2023, to complete an in-person verification of all employees that were virtually verified since March 2020. Yesterday's announcement put an end to the speculation of whether the remote policy would run past July, and whether employers would only have three days after the termination of the flexibilities in which to update I-9s. No and No.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

DHS Proposes $70,000 And $30,000 Fees For F-1 Optional Practical Training

The Department of Homeland Security has proposed a controversial new rule requiring SEVP-certified schools to pay substantial fees—$70,000 for a student's first Optional Practical Training recommendation and $30,000 for each subsequent OPT application, including STEM extensions. With only a 30-day comment period and potential annual costs reaching up to $16.5 billion across nearly 2,500 affected institutions, the proposed regulation is expected to face significant legal challenges if finalized.
United StatesImmigration
Duane Morris LLP
Duane Morris LLP
Article

Department Of State Announces Compliance With Court Order Ending Diversity Visa Issuance Pause

Following a federal court order in Medani v. Trump, the U.S. Department of State has resumed issuing Diversity Immigrant Visas after a nine-month pause that began in December 2025. DV-2026 selectees now face a critical deadline of September 30, 2026, to complete their visa processing or permanently lose their opportunity for permanent residence through the diversity visa lottery program.
United StatesImmigration
Greenberg Traurig
Greenberg Traurig
Article

State Department Updates Diversity, Immigrant Visa Processing Following Federal Court Decisions

Following two federal court decisions, the U.S. Department of State has lifted categorical pauses on immigrant visa issuance for nationals of 75 countries and diversity visa processing for DV-2026 selectees. While these policy changes allow cases to proceed through ordinary adjudication, they do not guarantee visa approval or admission, and timing remains critical as diversity visa eligibility expires September 30, 2026.
United StatesImmigration
Greenberg Traurig
Greenberg Traurig
Article

A New Twist In The Salvadoran TPS Saga: USCIS Authorizes Work Through September 9, 2026

U.S. Citizenship and Immigration Services has issued Individual Notices permitting certain Salvadoran Temporary Protected Status beneficiaries to demonstrate continued work authorization through September 9, 2026. This development arrives weeks after most TPS-based Employment Authorization Documents expired, creating challenges for employers and employees navigating reverification procedures and compliance requirements.
United StatesImmigration
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

DHS Allows Salvadoran TPS Beneficiaries To Work And Remain, For Now

The Department of Homeland Security has confirmed that Salvadoran Temporary Protected Status beneficiaries remain protected despite the September 9, 2026 expiration date, though no formal announcement has been made regarding the program's future. This development raises critical questions about employer obligations and the potential scenarios that may unfold, including termination with a 60-day notice period or an extension of the designation.
United StatesImmigration
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

California Legislative Update: Which Bills Will Make The Cut?

California's 2026 legislative session concluded with fewer employment bills than in previous years, but several significant measures await Governor Newsom's decision by September 30. Key proposals address automated decision systems in employment, workplace surveillance restrictions, expanded bereavement leave, AI-driven workforce displacement notices, and modifications to last year's controversial "stay-or-pay" legislation.
United StatesEmployment and HR
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

California Finally Modernizes First Aid Requirements: What Employers Need To Know

The California Occupational Safety and Health Standards Board has approved significant revisions to California’s workplace first aid requirements for both construction and general industry. For general industry employers, the most notable change is the elimination of the longstanding requirement that first aid kit contents be approved by a consulting physician. Instead, employers may now comply by providing a first aid kit meeting ANSI/ISEA Z308.1-2021 Class A requirements.
United StatesEmployment and HR
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

2026 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Are Climbing

Federal ADA Title III lawsuit filings have reached 5,006 cases at mid-year 2026, marking the highest level since 2021 and suggesting a potential record-breaking year ahead. California continues to dominate with 2,426 cases, while new plaintiffs' firms enter the market and filing patterns shift across states. Will 2026 surpass the all-time high of 11,452 lawsuits set in 2021?
United StatesLitigation, Mediation & Arbitration
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

European Commission Press Release: EU AI Act Transparency Enforcement Starts This Sunday! Do You Know Who Your Chatbots Are? We Break Down The Commission’s Guidelines On Transparency Below

The European Commission has announced that EU AI Act transparency rules take effect August 2, 2026, requiring chatbots to identify themselves, deepfakes to be labeled, and AI-generated content to be marked. Organizations must assess whether their AI systems trigger disclosure, labeling, or content-marking requirements, with limited exceptions and penalties reaching €15 million or 3% of global turnover for noncompliance.
GlobalPrivacy
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

The EU Cyber Resilience Act’s Reporting Started Last Friday, September 11. Here’s A Very, Very Brief Primer

The EU Cyber Resilience Act introduces mandatory cybersecurity requirements for products with digital elements sold in the European market, establishing a comprehensive framework for hardware and software security. Starting September 11, 2026, manufacturers face new reporting obligations for actively exploited vulnerabilities and severe security incidents, with strict timelines ranging from 24 hours to one month depending on the type of report.
AfghanistanPrivacy
Seyfarth Shaw LLP
Seyfarth Shaw LLP