Form I-9 Remote Verification (ends 7/31/23)

Remote Verification Ends July 31;
In-Person Inspection Required by August 30, 2023
The Form I-9 was born in 1986 but still creates tension between business needs and legal requirements, particularly with remote hires, said John Fay, an attorney and director of product strategy at Equifax Workforce Solutions in Phoenix. I-9 audits by U.S. Immigration and Customs Enforcement (ICE) are another pain point.

A policy of allowing I-9s to be inspected remotely over video to accommodate changes instituted during the COVID-19 pandemic is coming to an end July 31. Employers must physically inspect I-9s that were completed remotely by Aug. 30.

So, employers need a physical inspection plan.
Avoid Recent I-9 Traps that Arise with Remote Hires
SHRM | Jun 2023

Lurie said that how you update your I-9 forms will depend on whether you use paper I-9s or an electronic I-9 system. "Each electronic I-9 vendor, hopefully, offers a specific workflow to update COVID I-9s," she said. "Companies using electronic I-9s should work with their vendor to understand how to identify remote COVID I-9s in the system, confirm a workflow exists to update these remote COVID I-9s with a physical inspection and ensure the system tracks the completion of updates to remote COVID I-9s."
How to Prepare to Update I-9s Completed Remotely
SHRM | May 2023
 

Sample Memo and Example I-9s

Notice to Employees Regarding I-9 Document Verification

SHRM | Jul 2023

How to Notate Remote Inspections and Subsequent Physical Inspections

USCIS | May 2023

Law Firm Resources

Employers should plan ahead to ensure that all required physical inspection of identity and employment eligibility documents is completed by August 30, 2023. Specifically, employers should identify all Forms I-9 completed with remote document inspection and decide whether to perform physical document inspections onsite or use an offsite third-party authorized representative to complete in-person inspections going forward. Employers should notify impacted employees that they will need to cooperate to ensure compliance.
COVID-19 Flexibilities For Remote I-9 Document Review Ending; Employers Must Resume Physical Inspections of Employment Authorization and Identity Documents On August 1, 2023
Ford Harrison | Jul 2023

What About Companies With Remote HR Operations?
Given the emergence of an increasingly remote workforce, some employers have most of their HR operations run remotely. Since the physical I-9 inspection requirement applies to them, too, employers may consider leveraging an "authorized representative" to inspect the identity and work authorization documents. An authorized representative can be any person the employer designates to complete and sign the Form I-9
Employers Face August 30 Deadline to Physically Examine Pandemic Hires' I-9 Identity and Work Eligibility Documents
Orrick | Jun 2023

Some employers may voluntarily use the E-Verify system to verify employees' document electronically with the Department of Homeland Security (DHS). E-Verify does not replace the I-9 record-keeping requirement, but it gives employers confidence that an employees' documents are legitimate. While it's optional, some employers may be required to use E-Verify by a state or as a condition for federal contracting.
I-9 Record-Keeping and the End of Covid-19 Flexibilities
Moore & Van Allen | Jun 2023

What if the employee is no longer employed with the company?
What if the employee provides different acceptable documents than those initially provided?
What if Employee refuses to provide documents?
What if the documents were valid at the time of virtual review, but are now expired?
Sunsetting of Form I-9 Flexibilities
Quarles | Jun 2023

If the employer has designated a different representative for in-person review from the individual who conducted the initial remote/virtual review of documents, the recommended practice is to execute a new Section 2 so the reviewer can sign the attestation in Section 2. This newly executed Section 2 should be attached to the original Form I-9. Employers should then update the Additional Information box on the original Form I-9 with the following annotation: "COVID-19 Documents physically examined on MM/DD/YYYY by [name]"
I-9 Compliance in a Post-Pandemic World: What Every Employer Needs to Know
Harris Beach | Jun 2023

If a document was previously reviewed remotely and has since become lost or is otherwise unavailable for in-person inspection, the employee should complete a new Section 1 of Form I-9 and present any qualifying document from List A, or combination of documents from Lists B and C. The employer's representative should indicate the same hire date on the new Form I-9, as was shown on the original and attach the new I-9 to the original. The employer's representative should indicate in the "Additional Information" field that the new I-9 was necessary because the employee's original documents were unavailable.
End of the Line? 4 Steps for Employers to Prepare for Impending End of Remote I-9 Verification Policy
Fisher Phillips | May 2023

Related Reading

Employers Frustrated by Return of In-Person Review of I-9s for Remote Employees
SHRM | May 2023

Form I-9: Proposed Changes Under Review
Form I-9: Use Version Expiring 10/31/22 Until Further Notice
SHRM Express Requests