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COVID-19 Form I-9 Flexibilities Have Been Extended

On October 11, 2022, the Department of Homeland Security and U.S. Immigration and Customs Enforcement (DHS and ICE) announced another extension of its’ policy for allowing remote verification of required documentation for Form I-9 when a workforce is working remotely; updated flexibilities are extended until July 31, 2023.

While the flexibilities remain in place, the requirement that employers inspect employees’ Form I-9 identity and employment eligibility documentation in-person applies only to those employees who physically report to work at a company location on any regular, consistent, or predictable basis. If employees hired on or after April 1, 2021 work exclusively in a remote setting due to COVID-19 related precautions, they are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) until they 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.

Next Steps for Employers

Employers retain the right to begin in-person verification of identity and employment eligibility documentation for employees who were hired on or after March 20, 2020, and who presented documents via remote inspection, if they so choose.

E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire.

Employers should continue to monitor the DHS and ICE websites for additional updates about when, or if, the extensions end and normal operations resume.

HR Works will continue to monitor this topic and provide updates as they become available.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.