As the pandemic descended in March 2020, restricting workforce millions to their homes, U.S Immigration and Customs Enforcement (ICE) suspended the in-person verification requirement for I-9 supporting documents, permitting remote methods – e.g., email, fax, and video platforms – to show proof of citizenship or other OK-to-work status.

Employers remotely verifying were to place “COVID-19” on section 2 of the form and to confirm the documents in person on resumption of normal operations, with a further “documents physically examined” notation on that form.

Such remote verification flexibility is ending on July 31, 2023.  Employers will again need to verify in person all I-9 supporting documents. They will also have until August 30 to physically verify the forms previously confirmed remotely.

Stay tuned for more developments. The Department of Homeland Security is considering a rule adopting alternate procedures for I-9 document reviews that could go into effect later this year.

Take-Aways:

Employers must ensure they are verifying in person all I-9 supporting documents after July 31, 2023 and, by August 30, update all remotely provided I-9 forms with in-person verification.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• I-9 Rules Re-Tightened: Expired Identity Documents No Longer Acceptable (March 31, 2022)
• What’s New In 2022, Devilish Details: Special I-9 Rules for COVID-Caused Remote Workers are Extended to April 30, 2022 (January 21, 2022)
• Oy Vey, Now What?: Employers Must Use New I-9 Form Starting May 1, 2020 (April 25, 2020)

Helena Kobrin
June 16, 2023