U.S. Immigration and Customs Enforcement (ICE) announced the ending of COVID-19 temporary flexibilities for Form I-9, employment eligibility verification. Due to COVID, ICE allowed virtual verification of documents, effective in March 2020, further extended in March 2021. These flexibilities end on July 31, 2023. In addition, employers must review physical, in-person, documentation for employees who submitted proof virtually prior to August 30, 2023.

Employers are given this extended time to complete the in-person review of physical documentation. They should also annotate Form I-9, Employment Eligibility Verification, for these individuals. Identity and employment authorization documents must both be reviewed.

The Department of Homeland Security previously published a proposal for alternative procedures to allow for remote review of documentation. The Final Rule has not yet been finalized. ILBSG continues to monitor for updates and keep our clients informed.

Are you an employer? Do you have questions about U.S. immigration employment-related requirements? Contact us at ILBSG. Our team of expert attorneys has extensive experience and insight to ensure our clients get the right advice.

Employment Verification Form I-9