By Samantha J. Wood

Due to precautions surrounding the COVID-19 pandemic, in March 2020, the Department of Homeland Security (“DHS”), announced flexibilities regarding Form I-9 compliance. Specifically, employers who hired employees to work exclusively in a remote setting were temporarily exempt from physically inspecting employee identification and employment authorization documents in the employees’ physical presence. Documents could be inspected remotely, such as over video link, fax, or email.

On July 31, 2023, DHS will end these COVID-related flexibilities, and require employers to inspect employee identification and employment authorization documents in-person.  Additionally, employers must complete in-person physical document inspections for employees whose documents were previously inspected remotely by August 30, 2023.