The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) recently reminded employers that they must complete the physical inspection of I-9 documents that were inspected remotely under the temporary COVID-19 flexibilities by Aug. 30, 2023. The COVID-19-related temporary flexibilities, which were first announced in March 2020, allowed employers to remotely inspect documents presented by new employees in connection with Section 2 of the Form I-9.
For employees who continue to work remotely where physical inspection by the employer presents logistical challenges, employers may use authorized representatives to perform the in-person inspection and complete and sign the update to Section 2 of the I-9. Employers should take caution that they remain responsible for any violations committed by the designated representative in connection with the form or the verification process.
The government has provided the following guidance on completing and updating the I-9 to reflect the physical examination:
- Physical inspection conducted by the same person who performed the remote inspection: The person should indicate the documents have been physically examined, followed by the date of the physical examination and their initials in the Section 2 "Additional Information" field.
- Physical inspection conducted by a different person: The person who performs the physical inspection should indicate the documents have been physically examined, followed by the date of physical examination and his/her full name and title in the "Additional Information" field of Section 2.
- Employee presents different, but still acceptable, documents: As a best practice, DHS recommends completing Section 2 on a new I-9 and attaching it to the I-9 used for remote inspection.
- Employee has already been separated prior to the physical inspection of documents: Include an explanation in the Section 2 "Additional Information" field, including the date of separation.
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