Strategies to Help Employers Update Remotely Completed Forms I-9 by Aug. 30
On May 4, 2023, the U.S. Department of Homeland Security (DHS) and the U.S. Immigration and Customs Enforcement (ICE) announced that employers have until Aug. 30, 2023, to complete physical inspection of identity and employment eligibility documents for any employee whose Employment Eligibility Verification form (Form I-9) was completed virtually according to the temporary flexibilities extended during the COVID-19 pandemic. While the COVID-19 flexibility provisions will end on July 31, 2023, the announcement from the DHS and ICE clarifies that employers have until Aug. 30, 2023, to perform all required physical examinations of identity and employment eligibility documents. This means employers now have less than three months to complete physical examinations of employee documents and update all virtually completed Forms I-9 to comply with federal requirements.
Many employers are concerned that the cost and inconvenience of resuming physical inspections of remotely completed Forms I-9 will be overly burdensome and potentially lead to costly errors, especially since they only have a few months to comply with the deadline. Even with the extension, employers must plan ahead for the compliance deadline to avoid mishaps when completing the in-person inspections. This article provides an overview of Form I-9 and COVID- 19 flexibility provisions and offers strategies to help employers prepare to update any Forms I-9 completed remotely
Form I-9 Overview
The Immigration Reform and Control Act of 1986 (IRCA) requires all employers, regardless of size, to hire only individuals who may legally work in the United States. To comply with this law, employers must verify each individual’s identity and employment authorization by completing and retaining Forms I-9.
COVID-19 Flexibility Provisions
Since March 2020, virtual inspections of identity and employment eligibility documents have been permitted in situations where all employees work remotely due to COVID-19 or when a new employee is working remotely due to COVID-19 after April 1, 2021. The DHS and ICE had previously announced that the flexibility provisions would end on July 31, 2023, but employers will now have one additional month to physically inspect identity and employment eligibility documents for employees hired on or after March 20, 2020, and who have received only a virtual or remote examination.
However, since the flexibility provisions are ending on July 31, 2023, employers must follow pre-COVID-19 rules when verifying remote employees’ identity and employment eligibility documents after this date. This means employers—or their authorized representatives—must conduct an in-person, physical examination of remote employees’ documents within three business days of the date they start working.
Written by: Pat Isaac, CEO of Capital Services, Inc.
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