The End of COVID-19 Flexibilities for I-9 Record-Keeping
The flexibility implemented during the COVID-19 pandemic for the completion of I-9 documents will end on July 31, 2023. Employers must now complete a physical document inspection of employee I-9 documents that were previously inspected remotely by August 30, 2023.
During the COVID-19 pandemic, the Department of Homeland Security (DHS) implemented an I-9 inspection deferral policy that allowed employers with remote-work employees to inspect their employee’s I-9 verification documents remotely and within three days of the new employee’s first day of work.
Now that the COVID-19 flexibilities are ending, U.S. employers must complete a physical examination of I-9 documents that were previously verified remotely during the deferral period by August 30, 2023. Although some employers may still choose to utilize E-Verify services, the E-Verify system does not replace the I-9 record keeping requirement. Some employers may be required by state law or as a condition for federal contracting to utilize E-Verify services, regardless of this post-pandemic change in verification procedure.
Starting on July 31, 2023, compliance with U.S. employment verification will once again require:
- Employees to complete Part 1 of the I-9 form after being hired and within three days of hire.
- Employees to provide original documents to prove their identity and authorization to work.
- Employers to review and complete a physical examination of the employees’ documents and identify which documents were reviewed on the I-9 form.
- Employers to maintain the I-9 form.
With the end of I-9 COVID-19 flexibilities quickly approaching, we recommend employers contact a member of Miller Johnson’s Immigration Law Practice Group to discuss completing an internal audit of their I-9 forms. We also recommend employers review the integrity of their employment verification procedures to ensure they are following the post-pandemic verification policies. Questions about the change in I-9 policies may be directed to any member of the Miller Johnson Immigration Law Practice Group.
Upcoming Webinar
I-9 Rules Return: There is Work To Do To Get it Right
Wednesday, June 7, 2023 at 8am EDT | Employment Lawyers Talk Off The Clock Series
The Department of Homeland Security announced the end of the I-9 deferral policy that allowed employers with remote-work employees to inspect their employee’s I-9 verification documents remotely and within three days of the new employee’s first day of work. Miller Johnson attorneys Rebecca Strauss and Mike Stroster explain how to navigate the return to the previous rules and how to ensure your I-9 house is in order.
This episode will be in a live webinar format and the recording will be available to all registrants the next day by email or on the Employment Lawyers Talk Off The Clock blog here.
Registrants are encouraged to ask questions in advance of the webinar on the registration form and able to ask during the live webinar presentation.