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Form I-9 flexibility halted by DHS

U.S. Department of Homeland Security


Since the beginning of the pandemic, the Department of Homeland Security (DHS) has made it easier for employers working remotely to file Form I-9. But soon that will no longer be the case.

Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the U.S.

When the pandemic started, DHS said that it would defer the physical presence or physical inspection requirements related to the verification of acceptable documents. The agency extended this deferral several times during the past three years.

The flexibility in these compliance requirements will conclude on July 31, 2023. Employers who benefited from the remote document inspection are now required to complete in-person physical document inspections for those employees by August 30, 2023, U.S. Immigration and Customs Enforcement (ICE) has announced.

After the physical document inspection is completed, employers will be required to update Section 2 of the employee’s Form I-9 in in the “Additional Information” section. They should write “COVID-19” as the reason for the delay and add “documents physically examined on [date].”