I-9 Flexibilities Ending July 31, 2023

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May 16, 2023

The U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement (ICE) recently announced that the Covid-19 flexibilities for Form I-9 will come to an end on July 31, 2023, with a 30-day period for all employers to come into full Form I-9 compliance by August 30, 2023. The expiring flexibilities, first announced in March 2020, have allowed employers to complete the inspection of identity and employment authorization document remotely. The flexibilities have also been previously revised since March 2020, requiring employers to physically verify the identity and employment authorization documents of any employee undertaking “non-remote employment on a regular, consistent, or predictable basis.” Now that these flexibilities are coming to an end, employers who have not yet completed a physical inspection of identity and employment authorization documents will need to complete this step for all employees prior to August 30, 2023, if their Form I-9 was previously completed with remote document inspection.

Please contact us at Landau, Hess, Simon, Choi & Doebley if you have any questions about I-9 compliance. To schedule a consultation with one of our attorneys, please proceed to our Consultation Request Form.

Written by: Andrew A. Fuller

TAGS: DHS, I-9, ICE