Pandemic Era I-9 Flexibilities to End on July 31, 2023

The Department of Homeland Security (DHS) announced that it will end its pandemic-era Form I-9 policy, which allowed employers to remotely inspect employees’ identity and work authorization documents.

For all new hires and I-9 updates taking place on or after July 31, 2023, employers must complete in-person physical document inspections. In addition, any employee documents that were remotely inspected during the pandemic must now be inspected in-person before August 30, 2023, and the existing I-9s should be updated accordingly.

We encourage all employers to take steps now to complete physical examinations of all relevant documents before August 30, 2023. This is also an opportunity to conduct internal audits of your Form I-9 records and review the integrity of your employment verification procedures.

Please contact a KM&M attorney with any questions.