The Department of Homeland Security (DHS) has announced that the I-9 Record Keeping Flexibilities implemented in March of 2020 in response to the COVID-19 pandemic will be coming to an end on July 31, 2023 and the employers who took advantage of the remote document inspection flexibilities for verifying documentation for certain employees must complete in-person physical document inspection for those employees by August 30, 2023.
As a reminder, during the pandemic, DHS rolled out an “inspection deferral policy” under which employers working remotely could remain compliant with I-9 identity and work authorization document inspection requirements (inspections which typically must be done in person) by inspecting identity and work authorization documents remotely.
Employers who heavily relied on these remote document inspection flexibilities during the pandemic should start taking steps now to complete physical document inspections before the August 30th deadline and should also use this opportunity to complete an internal audit of their Forms I-9 while also reviewing their employment verification and document inspection procedures for compliance lapses that can be remedied when completing the deferred in person document inspection.
If you have questions about steps that need to be taken to come into compliance with I-9 deferred in person inspection requirements before the August 30th deadline, please contact your D&S attorney to discuss.