Yet Again, DHS Extends I-9 Flexibilities Related To COVID-19; Current I-9 Form Version

This week, the U.S. Department of Homeland Security (DHS) announced a further extension of the updated Form I-9 compliance flexibilities, now set to expire July 31, 2023.

DHS first announced the Employment Eligibility Verification (Form I-9) flexibilities on March 20, 2020 due to safety precautions implemented by employers and employees relating to the COVID-19 pandemic. An updated version of these flexibilities have been in effect since April 1, 2021, pursuant to multiple extensions.

Key points of the updated I-9 flexibilities:

• Employees working exclusively remotely due to COVID-19 precautions and who were hired on or after April 1, 2021 are temporarily exempt from physical inspection requirements until they undertake in-person, non-remote employment on a regular, consistent, or predictable basis, or the extension of flexibilities expires—whichever is earlier. In these situations, employers may review I-9 documents remotely, but they must still conduct the