Form I-9 Remote Verification Extended
ICE announced an extension until October 31, 2022, of flexibility in rules related to Form I-9 compliance during the COVID-19 pandemic.
The extension will continue to apply to employees hired on or after April 1, 2021.
Who work exclusively in a remote setting due to COVID-19-related precautions.
The Department of Homeland Security’s (DHS) flexibility regarding Form I-9 Compliance was one of the most significant temporary changes. This change was in employment verification in recent history. It was driven entirely by the operational necessity of the COVID-19 pandemic.
The Original Flexibility: Remote Inspection
The Form I-9, Employment Eligibility Verification, mandates that employers physically examine documents. These documents include original identity and work authorization documents. Employers must conduct this within three business days of hire. Beginning in March 2020, DHS temporarily deferred this requirement. It was applicable for employers with a fully remote workforce due to COVID-19 precautions.
Under this temporary rule, employers could inspect the required documents remotely via video. Other acceptable methods were fax or email. This flexibility was crucial for facilitating remote onboarding during lockdowns. However, remote inspection came with a deferred requirement. Employers were still required to conduct a physical, in-person inspection later. This was for the original documents once normal, non-remote operations resumed. Also, the Form I-9 had to be annotated. It would reflect both the remote and physical reviews.
The Transition to a Permanent Alternative
The temporary flexibilities officially ended on July 31, 2023. A final deadline for all required physical re-inspections was set for August 30, 2023. Employers, who had used remote inspection during the pandemic, had this requirement. They needed to complete the in-person review by this date or face penalties. These were for incomplete documentation.
However, recognizing the permanent shift toward remote work, DHS established a new, permanent alternative procedure. This procedure was for I-9 document examination, effective August 1, 2023.
- Eligibility: This new remote inspection option is only available to E-Verify participants in good standing.
- Procedure: Qualified E-Verify employers can inspect documents virtually via live video interaction. This is provided the employee first transmits copies of the documents.
- New Form I-9: The new Form I-9 (Edition 08/01/2023) includes a designated checkbox. This is for E-Verify employers to indicate that they used this alternative remote inspection procedure.