Remote Form I-9 Flexibilities Set to Expire Soon

On May 4, 2023, The Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) announced that employers will have 30 days to reach compliance with Form I-9 requirements once the temporary flexibilities for remote I-9 verification expire on July 31, 2023.

The Temporary Remote I-9 Flexibilities Are Coming to An End This Summer

The temporary flexibilities introduced during the onset of the COVID-19 pandemic in March 2020 which allowed employers to defer the inspection and verification of work authorization and identification documents virtually (e.g., over video link, fax, or email), is coming to an end on July 31, 2023.

Employers will have 30 days to meet the in-person verification requirements for those individuals hired on or after March 20, 2020, and who have completed a virtual or remote examination of documents under the flexibilities.

Once the employees’ documents are physically examined, you should add “documents physically examined” with the date of examination to the Section 2 Additional Information field on the Form I-9, or in Section 3, as applicable. Employers should start preparing now in order to meet the ICE guidance for compliance with Form I-9 laws by August 30, 2023.

Form I-9 Representatives To Help Complete Section 2 Verification

Employers can designate an authorized agent or representative to act on their behalf during the document inspection process, however the compliance requirements regarding the Form I-9 are solely the responsibility of the employer and the employer will be held liable for any errors on the form. This is where utilizing authorized agents/representatives trained on completing the Form I-9 can help, in addition to ensuring proper training and best practices are in place for internal staff.

The deadline to physically meet with employees may seem burdensome, however an electronic I-9 solution can help to make things easier and reduce I-9 verification times. GryphonHR provides access to Section 2 verification options to help employers manage Form I-9 compliance and meet the physical document review requirements. Contact us to learn how our solutions and convenient authorized I-9 representative options can help.