The option for employers to remotely verify documents for the Form I-9, which had been permitted during the COVID-19 pandemic, will end on July 31, 2023.  U.S. Immigration and Customs Enforcement (“ICE”) has authorized a five-week grace period for compliance, meaning that all employers will have until August 30, 2023 to comply with the reinstated physical inspection requirements for employees hired on or after March 20, 2020, and who have only had their work authorization documents verified virtually. The agency’s full announcement can be found here.

By way of background, on March 19, 2020, ICE began allowing employers to remotely inspect a new employee’s identity and work authorization documents when completing Form I-9, Employment Eligibility Verification. On April 1, 2021, ICE modified the policy so that it only applied to fully remote employees.  ICE clarified that if the employee started in-person employment on a regular, consistent, or predictable basis, the employer would need to complete in-person inspection of the documents that had been presented remotely within three business days of when they resume in-person employment.

With the remote verification option coming to an end, all employers, even companies who continue to operate fully remotely, will need to comply with the physical inspection requirements. Companies without physical office spaces can partner with an organization like Equifax that provides I-9 verification centers across the United States.

The Department of Homeland Security (“DHS”) has proposed permanent modifications to the I-9 regulations to allow remote verification. In the DHS proposed pilot program, employers who choose to remotely verify I-9 documents would also have to comply with additional anti-fraud measures such as required document verification training or E-verify enrollment. DHS is currently reviewing public comments in response to their proposed modifications and plans to issue a final rule later this year.

We will continue to monitor these developments and keep you updated.

This alert is for informational purposes only.  Please contact me if you would like to discuss this development further.