DHS Ends Temporary I-9 Flexibilities Today

The I-9 “temporary flexibilities” that were born out of the COVID emergency expire today.  Employers now have 30 days from today — or until August 30, 2023 — to get all of their I-9 forms into compliance for those employees (a) who were hired after March 2020, and (b) whose identification records were not physically inspected.

As a result of this expiration, we’re back to normal I-9 rules.  That means, effective today, all employers – even fully remote employers – must physically inspect a new employee’s I-9 documents at the time of hiring.

Employers may soon see some permanent relief from this physical inspection requirement, however.  Due to the success of the COVID-related relaxation of the physical inspection requirement, and due also to the increasing prevalence of remote work, DHS is considering adopting a new I-9 rule that would allow for remote inspection of documents for certain employers under certain conditions.  DHS closed public comments to this proposed new rule back on October 2022 and has not, yet, published any new rule.  We are monitoring the situation, of course, and we will alert you if and when a new rule is announced.

Until then, employers should return to doing physical inspections of employees’ I-9 documents effective today.  And employers have until August 30, 2023 to physically inspect the required identification documents for all employees hired after March 2020.

You can learn more about these I-9 development here.  You can track developments in the I-9 rule making process here.