Important Deadline Approaching for I-9 Compliance as COVID-19 Flexibilities End

Beth Dean 07.05.23

Navigating I-9 Compliance

Though the COVID-19 pandemic has officially ended, we’re still seeing changes to compliance in the aftermath. Today, we bring you important information about form I-9. 

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) recently made an announcement about form I-9. The flexibility to check identity and work papers remotely is ending. Let’s delve into the details and what this means for employers.

 

Deadline for I-9 Compliance

DHS and ICE gave employers until August 30, 2023 to wrap up physical inspections of eligibility documents for employees hired after March 20, 2020. Mark it on your calendar! 

Under the I-9 flexibilities during the pandemic, employers could temporarily examine I-9 docs virtually. This 30-day period allows employers to ensure compliance after the COVID-19 flexibilities sunset on July 31, 2023.

 

Understanding Form I-9 Flexibilities 

In March 2020, ICE introduced temporary flexibilities in response to the pandemic. They postponed the rule for employers to physically check employees’ documents for the I-9 form. Instead, they allowed remote/virtual inspections. The expectation was that a physical examination would occur within three business days after normal operations resumed.

 

Extension and Clarification 

DHS and ICE extended the initial flexibilities until July 31, 2023, with a 30-day grace period. However, these flexibilities are coming to an end. The deadline to physically inspect identity and employment eligibility documents is August 30, 2023. Employers must complete all necessary physical reviews by this date to ensure compliance.

 

Preparing for Compliance 

Employers should plan ahead to avoid any last-minute rush and ensure compliance with the form I-9 requirements. Suppose you have been utilizing the temporary flexibilities. Review your processes and ensure all required physical inspections are complete by August 30.

Stay informed by referring to official sources like the DHS and ICE websites, as well as Nextep’s experts. They provide accurate and up-to-date information on Form I-9 compliance and any future updates.

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