Remotely Verified Form I-9 Documents Must Be Physically Examined by Aug. 30

​Employers that verified remote hires’ Form I-9 identity and work authorization documents virtually during the pandemic are required to physically inspect those documents by Aug. 30, and update the employees’ relevant I-9 forms as appropriate.

Immigration and Customs Enforcement (ICE) announced in March 2020 that it would defer the requirement that employers physically review new hires’ identity and employment authorization documents, instead allowing the flexibility to review documents remotely to complete the form.

That
flexibility ended July 31, and employers were given 30 days to perform all required physical examinations of eligibility documents for remote hires made between March 20, 2020, and July 31, 2023.

To meet compliance requirements, employers should have identified all employees whose I-9 documentation was verified remotely and needed to be updated. For those forms needing updates, employers should either complete a new I-9, Section 2 or Section 3, and attach it to the original I-9, or update the “Additional Information” box on the original I-9.

Authorized representatives are still allowed to complete the in-person review of the documents and to complete Section 2 or Section 3 on the employer’s behalf.

It is the employer’s responsibility to ensure that all affected employees have an updated Form I-9 after Aug. 30.

Exception for E-Verify Users

On July 25, ICE announced that qualified employers that use E-Verify may continue to conduct verifications remotely…