DHS Ends Form I-9 Requirement Flexibility

Hey Compliance Warriors!

COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, will end on July 31, 2023.

U. S. Immigration and Customs Enforcement (ICE) recently announced that employers must complete in-person physical document inspections for employees whose documents were inspected remotely during the temporary flexibilities by August 30, 2023.

This new announcement gives employers additional time to complete in-person physical inspection of identity and employment authorization documents, and annotate the Form I-9 for this population. These flexibilities were initially announced in March 2020 and updated in March 2021. See I-9 Central Questions and Answers for more information.

DHS published a Notice of Proposed Rulemaking for alternative procedures allowing remote document examination for Form I-9 last year.  DHS anticipates publishing a Final Rule in the Federal Register that will implement this proposal. But, until we have the actual law in place, the current rules apply.

Don’t be complacent waiting for a new law that may or may not ever come.

Be Audit-Secure™!