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In the wake of the COVID-19 Pandemic, The Department of Homeland Security (“DHS”) relaxed employers’ I-9 document inspection requirements. In April of 2021, DHS announced that the requirement that employers inspect employees’ Form I-9 identity and employment eligibility documentation in-person applied only to those employees who physically report to work at a company location on a regular, consistent, or predictable basis.

Termed “I-9 Flexibilities,” employees hired on or after April 1, 2021, who worked exclusively in a remote setting due to COVID-19-related precautions, were temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) requirements.

DHS recently announced that the COVID-19 related I-9 Flexibilities policy for Form I-9, will end on July 31, 2023. For employees whose documents were inspected remotely during the temporary I-9 Flexibilities period, employers must complete in-person physical document inspections by August 30, 2023.  Employers may choose to designate an authorized representative to complete Forms I-9 and conduct an in-person physical document inspection on their behalf.

The immigration professionals at Stock and Leader will continue to monitor developments regarding Employment Eligibility Verification (I-9 issues) and immigration matters, generally.

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