Form I-9 Flexibilities To Sunset – Are You Compliant? 

Beginning in March 2020 and through subsequent extensions, DHS and ICE relaxed the ‘physical presence’ requirement to physically inspect employees’ Form I-9 identity and employment eligibility documents. Instead, remote inspections became acceptable.

This COVID-19-related flexibility is now scheduled to sunset on July 31, 2023. With this sunset date announcement, here are the need-to-knows and next steps for you as an employer to stay in compliance!

Whose IDs Should We Inspect?

You must physically examine the identity and employment eligibility documents for employees (hired on or after March 20, 2020) who had remote inspections done as a result of the announced Form I-9 COVID-19 flexibilities. Remember, employers have the option to designate an authorized representative (like a Notary Public or another Agent) to complete the physical inspection requirement and Section 2 or 3 of Form I-9 on behalf of the employer.

What’s The Deadline?

Physical inspections of Form I-9 documents must be completed by August 30, 2023. The flexibility sunsets on July 31, 2023, and you have 30 days to get compliant!

What Should We Do?

When you are presented with physical documents for inspection, you must examine the documents to ensure they appear genuine and belong to the employee presenting the document. Then, you must include a notation on the employee’s Form I-9. Below is an example from the USCIS website.

Where Do We Start?

Begin physical inspections of I-9 documents for all newly hired employees, if you have not already! This will help you catch up and stay up to date on compliance.

• Start with a plan to capture all the impacted employees.
• Identify a tracking mechanism for completed inspections, and designate a point person.
• Lockdown logistics. When and where will your employees show up?
• Don’t forget communication. Be transparent in your ask to your employees on the requirement to present I-9 documents for physical inspection.

Reach out to The People Perspective team! Our team is ready to help you with I-9 audits, compliance, and all your HR needs.