I-9 Remote Physical Inspection Flexibility Ending July 31, 2023: Preparing for the Transition

Since the outbreak of the COVID-19 pandemic, businesses across the United States have faced numerous challenges in adapting to remote work environments. One critical area impacted by this shift has been the verification of employment eligibility through Form I-9. To accommodate remote work, the U.S. Department of Homeland Security (DHS) introduced temporary measures allowing for remote physical inspection of I-9 documents. However, it is important to note that this flexibility is set to end on July 31, 2023. This article aims to shed light on the impending changes and guide employers on how to prepare for the transition.

Understanding the I-9 Process

The Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. Employers are required to complete and retain this form for every employee, regardless of their citizenship status. Traditionally, this process involved an in-person inspection of documents to ensure compliance with federal regulations.

Temporary Flexibility Measures

Recognizing the challenges posed by the pandemic, DHS introduced temporary measures in March 2020, allowing employers to remotely inspect Section 2 documents of the Form I-9. This flexibility was implemented to facilitate the continuation of business operations while reducing unnecessary person-to-person contact. During this period, employers were permitted to inspect documents remotely via video conferencing, email, or fax. However, it is important to note that these remote inspections were only a temporary solution.

End of Remote Physical Inspection Flexibility

As the world gradually returns to normalcy and in-person operations resume, the DHS has announced that the temporary measures allowing for remote physical inspection of I-9 documents will end on July 31, 2023. This means that employers will once again be required to conduct in-person inspections of Section 2 documents within three business days of the employee’s start date.

Preparing for the Transition

To ensure a smooth transition and compliance with the reinstated regulations, employers should take the following steps:

1. Familiarize yourself with the requirements: Review the official USCIS Handbook for Employers (Form M-274) to understand the regulations and obligations surrounding Form I-9 compliance.

2. Train Human Resources staff: Ensure that your Human Resources personnel are well-versed in the updated procedures for conducting in-person document inspections. Training should include proper identification verification, completing Section 2 of the I-9 form, and understanding acceptable documents.

3. Update internal policies: Revise your company’s policies and procedures to reflect the end of remote physical inspection flexibility. Communicate these changes to all relevant departments and employees to ensure compliance.

4. Review existing I-9 records: Take this opportunity to conduct an internal audit of your existing I-9 records. Identify any errors or omissions and make the necessary corrections before the deadline. Seek legal advice if needed.

5. Maintain documentation: Retain copies of the updated I-9 forms and supporting documents in accordance with the retention requirements outlined in the USCIS Handbook for Employers.

Conclusion

The temporary flexibility granted for remote physical inspection of I-9 documents in response to the COVID-19 pandemic will end on July 31, 2023. Employers must prepare for the transition back to in-person document inspections to ensure compliance with federal regulations. By familiarizing themselves with the requirements, training staff, updating internal policies, reviewing existing records, and maintaining proper documentation, employers can ensure a seamless transition and mitigate any potential compliance issues. It is essential to stay informed and monitor updates from the U.S. Department of Homeland Security to adapt to any future changes regarding Form I-9 compliance.