This week, the U.S. Department of Homeland Security (DHS) announced a further extension of the updated Form I-9 compliance flexibilities, now set to expire July 31, 2023.
DHS first announced the Employment Eligibility Verification (Form I-9) flexibilities on March 20, 2020 due to safety precautions implemented by employers and employees relating to the COVID-19 pandemic. An updated version of these flexibilities have been in effect since April 1, 2021, pursuant to multiple extensions.
Key points of the updated I-9 flexibilities:
- Employees working exclusively remotely due to COVID-19 precautions and who were hired on or after April 1, 2021 are temporarily exempt from physical inspection requirements until they undertake in-person, non-remote employment on a regular, consistent, or predictable basis, or the extension of flexibilities expires—whichever is earlier. In these situations, employers may review I-9 documents remotely, but they must still conduct the review and complete Section 2 of the I-9 within three days of hire.
- Employees who physically work at an employer location on a regular, consistent, or predictable basis still require in-person inspection of their I-9 identity and employment eligibility documentation.
- The above does not preclude employers from commencing in-person document inspection at their discretion for employees who previously presented documents remotely in reliance of the flexibilities first announced in March 2020.
In a separate announcement, the agency confirmed that employers should continue using the current Form I-9 after its October 31, 2022 expiration date until further notice.
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