DHS Ends Form I-9 Requirement Flexibility

May 16, 2023

COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, will end on July 31, 2023. U. S. Immigration and Customs Enforcement (ICE) recently announced that employers must complete in-person physical document inspections for employees whose documents were inspected remotely during the temporary flexibilities by August 30, 2023.

This new announcement gives employers additional time to complete in-person physical inspection of identity and employment authorization documents, and annotate the Form I-9 for this population. These flexibilities were initially announced in March 2020 and updated in March 2021. See I-9 Central Questions and Answers for more information.

DHS published a Notice of Proposed Rulemaking for alternative procedures allowing remote document examination for Form I-9 last year. DHS anticipates publishing a Final Rule in the Federal Register that will implement this proposal.

Just a reminder…

E-Verify Records Disposal

On June 24, 2023, USCIS will dispose of E-Verify records that are more than 10 years old, which are those with a last transaction date on or before Dec. 31, 2012. E-Verify employers have until June 23, 2023, to download case information from the Historic Records Report if they want to retain information about these E-Verify cases.

Employers must record the E-Verify case verification number on the corresponding Form I-9, Employment Eligibility Verification, or attach a copy of the case details page to the Form I-9. Employers should retain the Historic Records Report with the Forms I-9.

Frasco® Profiles is NOT a law firm. The information contained in this post is for general informational purposes only. We are not providing legal advice and strongly recommend consulting with your legal resources before taking any action.

If you have any questions, please feel free to contact our Customer Service team.

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