The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have announced that the temporary COVID-19 accommodations for Form I-9 will end on Monday, July 31, 2023.
A quick summary of what’s changing
Keep these fast-approaching deadlines in mind
If you’re a fan of details, we have those too. Here’s a deeper look at the new requirements, breaking down some important things you’ll need to know:
What does this mean for employers?
Employers who have been performing remote I-9 inspections under the temporary policy will need to return to in-person inspections, including for remote workers. In addition, employers have until Wednesday, August 30, 2023, to physically inspect original documents and update Form I-9s for employees whose documents were inspected remotely during the temporary COVID-19 flexibility.
What if an employee is no longer with the company?
If an employee’s documents were inspected remotely but the employee is no longer employed before the in-person inspection is completed, the USCIS FAQ instruct to “include an explanation in the Additional Information box on Form I-9 and the date of the employee’s separation.”
Will employers get another option to inspect documents?
DHS has indicated a method that would allow alternatives to in-person inspection (which could once again permit remote inspection). DHS expects to update the public on any new rule later this year.
Does this apply to companies who run 100% remotely and aren't planning a return to on-site work?
Yes. Employers must physically examine documents for those employees who were hired on or after Friday, March 20, 2020, and for those whom the employer has, to date, only conducted a remote inspection consistent with the flexibilities first announced in March 2020. Employers will have 30 days after Monday, July 31, 2023 (the end date of the flexibilities)—that is, until Wednesday, August 30, 2023—to complete in-person physical inspections.
We’re here to help
Looking for more information? Head to the USCIS website: https://www.uscis.gov/i-9-central/form-i-9-related-news/questions-and-answers-related-to-covid-19. You can also review these examples that show how DHS recommends that you notate Form I-9 when remotely inspecting employment authorization and identity documents and then subsequently performing the required in-person physical inspection.