EAC Update: DHS Ends Pandemic-Era Flexibility in Form I-9 Requirements

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Employer Advisory Council of Orange County, Inc.

EAC Update


1157

DHS Ends Pandemic-Era Flexibility in Form I-9 Requirements


Presented by

Joseph E. Pelochino

Jonathan Judge

Atkinson, Andelson, Loya, Ruud & Romo


At the outset of the pandemic, the Department of Homeland Security (DHS) allowed flexibility in the requirements for Form I-9 compliance for employees working remotely due to COVID-19.  The DHS announced that it would defer the physical presence or physical inspection requirements associated with the verification of acceptable documents. We previously reported on the standard here.  

These flexibilities were extended multiple times during the pandemic, but will end on July 31, 2023.  U.S. Immigration and Customs Enforcement (ICE) recently announced that employers who utilized the temporary flexibilities to inspect documents remotely during the pandemic must now complete in-person physical document inspections for those employees by August 30, 2023.  This will give employers some additional time to complete the required in-person physical inspection of identity and employment authorization documents, and annotate the Form I-9 for those employees.

Once the physical inspection takes place, employers will need to update the employee’s Form I-9 in Section 2 in the field entitled, “Additional Information.”  Employers should enter “COVID-19” as the reason for the physical inspection delay, and should add “documents physically examined on [date].”

Please contact the AALRR authors or your employment counsel for questions relating to these procedures or to employment eligibility verification in general.

Reprinted with permission from AALRR.


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This bulletin is provided as a service to our clients and other friends to highlight current developments in the law. It is not intended to provide a legal opinion or specific legal advice. Should issues arise involving these, or other matters, please contact the EAC Office at (714) 794-4253.  


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The Employer Advisory Council of Orange County is a non-profit group, run by HR professionals and attorneys, as a low-cost approach to business and human resource solutions. Membership entitles you and your associates to low-cost HR workshops, timely updates on breaking legislation affecting your business practices and access to an HR Attorney Hotline. For more information on the EAC, visit our website at https://www.eac-oc.com

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Employer Advisory Council of Orange County, Inc.

PO Box 9575, Brea CA 92822
(714) 794-4253

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