Employers Will Have 30 Days to Reach I-9 Compliance

ICE announced that employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities sunset on July 31, 2023. These flexibilities were first announced in March 2020 and subsequently extended throughout the COVID pandemic. The Department of Homeland Security (DHS) encourages employers who have been using those temporary flexibilities to plan ahead to ensure that all required physical inspection of identity and employment eligibility documents is completed by August 20, 2023.

In March 2020, ICE announced that it would defer the requirement that employers review employees’ identity and employment authorization documents int he employees’ physical presence, instead allowing that to occur remotely (with the exception that physical inspection would occur within three business days after normal operations resumed). In follow-up guidance, ICE noted that employers could continue to implement the flexibilities until affected employees undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier. In October 2022, DHS and ICE announced that the flexibilities would be extended until July 31, 2023. The latest announcement clarifies that employers have until August 30, 2023, to perform all required physical examination of identity and employment eligibility documents for those individuals hired on or after March 20, 2020, and who have only received a virtual or remote examination under the flexibilities.

Please contact our office if you have any I-9 compliance questions.