HR professionals should be aware that the temporary COVID-19 accommodations for Form I-9, Employment Eligibility Verification, issued by the U.S. Immigration and Customs Enforcement (ICE) in March 2020, expire on July 31, 2023. Employers who are performing remote I-9 inspections have up to 30 days to physically inspect these Form I-9 documents after the temporary policy expires.

Employers must conduct physical inspections of the original I-9 documents that were inspected remotely when the temporary policy was in place. Exceptions include if a physical inspection previously was triggered under the policy.

Here’s what you need to know about the changes to I-9 verification.

Details About the Temporary Form I-9 Accommodations  

When the coronavirus pandemic and social distancing requirements began, the Department of Homeland Security (DHS) let ICE enact a temporary policy to remotely verify Form I-9 documents for employees working remotely:

• This remote verification process could be completed and documented through video, video link, fax, or email for as long as the employee worked remotely or until July 31, 2023, whichever was earlier.
• This temporary policy expires on July 31, 2023.
• The identity and employment eligibility documents that were remotely inspected must be physically inspected by August 30, 2023.

Alternative Procedures for In-Person Form I-9 Verification

DHS plans to create a rule for alternative procedures to verify the documents required by Form I-9:

• An employer may use an authorized representative to complete the in-person verification of I-9 documents on their behalf for employees who work remotely.
• Employers must consistently verify the documents in a non-discriminatory manner.
• A proposed rule about authorizing an agency to inspect the identity and employment authorization documents was published in August 2022.
• The public comment period for the rule ended on October 17, 2022.
• DHS is reviewing the public feedback on the rule.
• A final rule will be issued later in 2023.

Do You Need Help with I-9 Verification?

The temporary COVID-19 accommodations for Form I-9 issued by ICE in March 2020 expire on July 31, 2023. Employers performing remote I-9 inspections have until August 30, 2023, to physically inspect the identity and employment authorization documents of employees hired to work remotely during this period. DHS will provide a ruling in 2023 that allows employers to have an authorized representative complete the in-person verification process for employees who continue to work remotely.

If you need additional HR professionals to assist with the in-person I-9 verification process, contact Arlington Resources. Find out more today.