After announcing that it would end its temporary flexibilities for Form I-9 verification requirements, the Department of Homeland Security (DHS) has adjusted its stance again.
In May 2023, U.S. Immigration and Customs Enforcement (ICE) announced that employers would have until August 30, 2023, to physically inspect all documents that had been examined remotely using the COVID-19 flexibilities.
On July 25, 2023, DHS announced the availability of an alternative procedure effective August 1, 2023. Employers who meet four requirements may choose the alternative procedure in lieu of physically examining Form I-9 documentation that had been examined remotely under the COVID-19 flexibilities.
To qualify for the alternative procedure, the employer must:
- Have performed remote examination of an employee’s documents between March 20, 2020, and July 31, 2023;
- Been enrolled in E-Verify at the time they completed the Form I-9 for that employee;
- Have created a case in E-Verify for that employee (except for reverification); and
- Be currently enrolled in and continue to participate in E-Verify.
Employers who do not meet all four requirements must perform an in-person physical examination of documents by August 30, 2023.
For complete information on the procedural requirements for I-9 verification, please review ICE’s I-9 Central page.