Form I-9: Deadline for In-Person Inspection (8/30/23)

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.
Remotely Verified Form I-9 Documents Must Be Physically Examined by Aug. 30
SHRM | Aug 2023

Avoid Recent I-9 Traps that Arise with Remote Hires
How to Prepare to Update I-9s Completed Remotely
SHRM | May-Jun 2023

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Tools and Example I-9s

FAQs Regarding Updates to Form I-9, End of COVID-19 Flexibilities, and Virtual Document Verification for E-Verify Employers
SHRM | Aug 2023

Memo: Notice to Employees Regarding I-9 Document Verification
SHRM | Jul 2023

New Version of Form I-9 Now Available
SHRM Express Request

Checklist: Ending Remote I-9 Document Verification Flexibility
SHRM

How to Notate Remote Inspections and Subsequent Physical Inspections
USCIS | May 2023

Law Firm Resources

While the Government is well intended, the new I-9 and the remote verification process are still fraught with confusion and challenges for employers across the U.S. This article provides some clarity for busy employers to help them remain in compliance.
DHS Releases New Form I-9 and Video Verification Procedure: Guidance and Checklists for Busy Employers
Sheppard Mullin | Aug 2023

Employers should plan ahead to ensure that all required physical inspection of identity and employment eligibility documents is completed by August 30, 2023. Specifically, employers should identify all Forms I-9 completed with remote document inspection and decide whether to perform physical document inspections onsite or use an offsite third-party authorized representative to complete in-person inspections going forward. Employers should notify impacted employees that they will need to cooperate to ensure compliance.
COVID-19 Flexibilities For Remote I-9 Document Review Ending; Employers Must Resume Physical Inspections of Employment Authorization and Identity Documents On August 1, 2023
Ford Harrison | Jul 2023

What if the document was valid during remote inspection and is now expired during physical inspection?  As long as the employee's document was unexpired at the time of remote inspection, the employer should not request a new document and can proceed with the physical inspection consistent with Department of Homeland Security guidance.
Tips on Physical Reverification of Virtually Verified Remote Employees
Littler | Jul 2023

What About Companies With Remote HR Operations?
Given the emergence of an increasingly remote workforce, some employers have most of their HR operations run remotely. Since the physical I-9 inspection requirement applies to them, too, employers may consider leveraging an "authorized representative" to inspect the identity and work authorization documents. An authorized representative can be any person the employer designates to complete and sign the Form I-9
Employers Face August 30 Deadline to Physically Examine Pandemic Hires' I-9 Identity and Work Eligibility Documents
Orrick | Jun 2023

Some employers may voluntarily use the E-Verify system to verify employees' document electronically with the Department of Homeland Security (DHS). E-Verify does not replace the I-9 record-keeping requirement, but it gives employers confidence that an employees' documents are legitimate. While it's optional, some employers may be required to use E-Verify by a state or as a condition for federal contracting.
I-9 Record-Keeping and the End of Covid-19 Flexibilities
Moore & Van Allen | Jun 2023

What if the employee is no longer employed with the company?
What if the employee provides different acceptable documents than those initially provided?
What if Employee refuses to provide documents?
What if the documents were valid at the time of virtual review, but are now expired?
Sunsetting of Form I-9 Flexibilities
Quarles | Jun 2023

If the employer has designated a different representative for in-person review from the individual who conducted the initial remote/virtual review of documents, the recommended practice is to execute a new Section 2 so the reviewer can sign the attestation in Section 2. This newly executed Section 2 should be attached to the original Form I-9. Employers should then update the Additional Information box on the original Form I-9 with the following annotation: "COVID-19 Documents physically examined on MM/DD/YYYY by [name]"
I-9 Compliance in a Post-Pandemic World: What Every Employer Needs to Know
Harris Beach | Jun 2023

If a document was previously reviewed remotely and has since become lost or is otherwise unavailable for in-person inspection, the employee should complete a new Section 1 of Form I-9 and present any qualifying document from List A, or combination of documents from Lists B and C. The employer's representative should indicate the same hire date on the new Form I-9, as was shown on the original and attach the new I-9 to the original. The employer's representative should indicate in the "Additional Information" field that the new I-9 was necessary because the employee's original documents were unavailable.
End of the Line? 4 Steps for Employers to Prepare for Impending End of Remote I-9 Verification Policy
Fisher Phillips | May 2023