DHS to End I-9 Flexibility on 7/31/2023; Employers Have Until 8/30/2023 to Complete In-Person Inspection

May 8, 2023

The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have announced that COVID flexibilities relating to completing the Form I-9 will end on July 31, 2023 and employers who have used those temporary flexibilities must complete the required physical inspection of identity and employment eligibility documents by August 30, 2023 (within 30 days following the end of flexibility). 

The government flexibility provided for virtual or remote examination of documents on a temporary basis, and required physical examination once the flexibility period ended or when “affected employees undertake non-remote employment on a regular, consistent or predictable basis, whichever is earlier.” On August 18, 2022 the DHS issued a proposed rule to allow alternative procedures for examining documents but as of now, no final rule has been issued.

Please refer to the announcement for more guidance, or contact Weaver Schlenger for more information.