COVID-19-Related Temporary Remote Verification of I-9 Supporting Documents No Longer Permissible

COVID-19-Related Temporary Remote Verification of I-9 Supporting Documents No Longer Permissible Effective July 31, 2023

During the COVID-19 pandemic, the Department of Homeland Security (DHS) granted employers a temporary exception to conduct the required in-person review of original supporting identity and employment eligibility documents by permitting remote methods, such as emailed PDFs, video calls, or faxed copies. The prerequisites for employers to use the latter methods evolved over time, but the main burden has always been having to review I-9 supporting documents in person after the fact and updating the I-9s accordingly. The DHS announced an end to the COVID-19-era in person interview exception effective July 31, 2023, and will again require employers to complete I-9 supporting document reviews in person. Catch-up in person reviews and any corresponding updates to I-9s must be completed no later than August 30, 2023. See here for further information from DHS. Since the elimination of the COVID-19-related temporary remote verification procedures discussed above, a new DHS rule has been published that allows for an optional permanent remote verification procedure to be employed if a number of specific conditions have been met. For more information on this update, please see our prior EP alert on the subject here.