Employers need to inspect remotely verified Form I-9 documents in-person by August 30, 2023
As mentioned in previous blogs, employers with a remote workforce have been allowed to verify acceptable Form I-9 documents virtually rather than in person, dating back to the start of the pandemic in March 2020. The Department of Homeland Security (DHS) and US Immigration and Customs Enforcement (ICE) announced that the temporary option to review acceptable documents remotely will end effective July 31, 2023. This reversion to pre-pandemic procedures for I-9 verification will require time-sensitive actions, and employers need to start planning now.
For employees hired beginning March 2020: If an employer completed page 2 of the I-9 by virtually verifying the documents establishing identity and employment authorization, they will need to have the employee bring in their documents so they can be verified in person. In-person verification needs to be completed for all impacted I-9 forms by August 30, 2023. When the employer’s representative inspects the documents in person, they should document the following in the “Additional Information” box on page 2:
- notation of “documents physical inspected”
- the date of inspection
- initials of the individual who completed the inspection
It is important to note that employees may use the same documents that they had presented virtually, or they may use other accepted documents as allowed by the DHS and ICE. If the employee provides different documentation, the new information should be listed in the appropriate List A or List B and List C columns, with notes indicating the changes in the “Additional Information” box.
As of July 31, 2023, employers will need to return to the process of verifying forms of identification for the Form I-9 in person. Although DHS is currently reviewing options for possible remote verification of documents in the future, no such changes have been finalized or announced. Lake Effect HR & Law will continue to follow this issue and will provide updates as needed.
If you would like assistance or guidance in complying with the Form I-9 identification requirements or internal I-9 audits, please contact Lake Effect at info@le-hrlaw.com or 1-844-333-5253.
Lake Effect is here to answer all your questions about employment laws, regulations, and new agency guidelines. We continue to monitor important legal and HR developments, as well as other information that could impact the workplace. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.
