Temporary I-9 filing flexibility is finally coming to an end on July 31, 2023. Employers will have until August 30 to conduct in-person inspections of any documents that were remotely inspected during the flexibility period.
Since March 2020, in response to the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement have allowed flexibility in the remote filing of I-9 forms.
After numerous extensions and guidance changes, employers need to be prepared to return to physical, in-person inspection and stay compliant when the flexibilities sunset in July.
What is I-9 filing flexibility?
The guidance was announced in response to the COVID-19 pandemic, which prompted a sharp increase in remote work.
The flexibility allows employers to delay the physical inspection of Employment Eligibility Verification documents for those hired remotely.
Initially, the I-9 flexibility only applied to employers whose entire workforce was working remotely. However, in April 2021, the guidance was expanded to anyone who hired employers remotely due to COVID-19.
Under the guidance, employers are still required to “obtain, inspect and retain” copies of documents within three business days and “provide written documentation of their remote onboarding and remote work policy on the employee’s Form I-9,” according to the guidelines. Virtual ID inspections can include a video link or an image through fax or email.
There is also a resource on the U.S. Citizenship and Immigration Services for frequently asked questions related to Form I-9 and COVID-19.
Preparing for the guidance to end
Now, as the guidance comes to an end, HR will have to prepare to return to in-person inspection, as well as address any backlog from the flexibility period.
Workers who are not physically close to the office may need to utilize remote agents to inspect documents, such as:
- Notaries
- Nearby employees, or
- Family or friends.
Throughout the flexibility period, the DHS has encouraged employers to re-introduce in-person verification at the employer’s discretion, but HR pros who still have documents to inspect in person will have until August 30 to do so.
The DHS sought two rounds of public input last year “to explore alternative options to physical document examination.” Comments are currently under review and the DHS is expected to issue a final rule later this year.
