Since March of 2020, U.S. Immigration and Customs Enforcement (ICE) has allowed remote inspection of identification and work authorization documents related to I-9 Forms for employees working exclusively in remote settings due to COVID-19–related precautions. Specifically, employers could remotely inspect I-9 documents via video link, fax, or email. On May 4, 2023, ICE announced that these temporary flexibilities would be coming to an end and that starting July 31, 2023, employers are once again required to inspect all I-9 documentation in person. Additionally, by August 30, 2023, employers must complete in-person physical document inspections for employees whose I-9 documents were inspected remotely.
Read MoreThe requirement that employers inspect original documents in person and in the presence of the new employee has posed significant challenges for employers during the COVID-19 Pandemic. Employers may have instituted remote work policies or other social distancing measures that make physical inspection of original employment authorization documents and in-person meetings with new employees impracticable for the foreseeable future. This difficulty has been exacerbated by the recently issued Executive Orders from various states which require non-essential businesses to work solely from home. In response to these challenges, the U.S. Department of Homeland Security (DHS) announced last Friday that it will defer the physical presence requirements for employment authorization verification for employers and workplaces that are operating remotely
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