Employers Must Conduct Verification of I-9 Documents in the Employees' Physical Presence No Later Than August 30, 2023

By: Diya A. Mathews and Carmen Lopez

Introduction

Employers have been granted an additional flexibility of 30 days for I-9 compliance according to the U.S. Department of Homeland Security (DHS) and Immigration and U.S. Customs Enforcement (ICE) announcement. The current COVID-19 flexibilities are set to expire on July 31, 2023. The latest guidance clarifies that employers must complete the physical examination of employment eligibility documents who have otherwise, been using this temporary flexibility of inspecting documents virtually, no later than August 30, 2023. 

Updates

Since March 20, 2020, ICE has been permitting remote verification of Form I-9 documents for certain employees who were operating remotely due to COVID-19.

The most recent announcement from ICE, released on May 4, 2023, clarifies, and extends the compliance deadline. Employees who had their Forms I-9 completed remotely during the pandemic and have now begun non-remote employment on a regular, consistent, or predictable basis are required to do in-person inspection of I-9 documentation within 3 business days of starting non-remote employment. This deadline was to set to expire on July 31, 2023; however it has been extended to August 30, 2023.

Conclusion

For any questions or assistance regarding the latest updates on in-person Form I-9 verification after COVID flexibilities expire, please contact your trusted Chugh, LLP immigration professional.