One of the many workplace changes brought about by the COVID-19 crisis was a temporary change in the way employers inspected employee documents needed to complete Form I-9. On March 20, 2020, the Department of Homeland Security (DHS) announced temporary flexibilities related to Form I-9 compliance. At that time, the DHS allowed that the in-person, physical inspections normally required for supporting documents would be temporarily lifted and replaced with remote inspections for new hires that would be working in remote locations due to COVID precautions. That exemption was to remain in effect “until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.”
That exemption will sunset next month, on July 31, 2023.
If you hired any remote workers while the temporary flexibilities were in place, you have until August 30, 2023 to physically inspect their documents, in person, if you haven’t already. If the person who performed the remote inspection cannot also perform the physical inspection, the person who performs the physical inspection should indicate the date they physically examined the documents as well as their full name and title in the “Additional Information” field on page 2 of Form I-9.
For more information about I-9 compliance, visit the U.S. Citizenship and Immigration Services website.
