COVID-19 Exceptions to Form I-9 Process Ending

COVID-19 Exceptions to Form I-9 Process

The ability for employers to examine employee I-9 documentation “remotely”-an exception made to in-person examination put into place during COVID-19, is being discontinued effective July 31st 2023. The US Dept. of Homeland Security and ICE are again requiring that an appointed employer representative examine the original and authentic accompanying documents provided by new hires and other employees in-person during the I-9 completion process, meaning:

1.    Employer representatives are required to retroactively conduct a physical review of the original supporting documents for anyone whose I-9 was completed remotely. The deadline to do so is August 30th.

2.    Beginning on August 1, 2023, physical and in-person documentation review is required by the new hire’s third day of employment.

According to the US Citizenship and Immigration Services (USCIS), Employers may choose to use an authorized representative to fill out their portion of the Form I-9 on their behalf.  Authorized representatives may also complete the in-person inspection as needed. This is a manageable alternative for fully remote workforces, as the authorized representative may be an employee’s friend, neighbor, relative, or similar.

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