DHS Extends Form I-9 Requirement Flexibility – (Effective November 1, 2022)
The U.S. Citizenship and Immigration Services (USCIS), an agency of the Department of Homeland Security, requires the completion of the Form 1-9 Employment Eligibility Verification to establish that an employee is eligible to work in the United States. In addition to proving employment eligibility, the Form I-9 verifies an employees identity by requiring the examination of identifying documentation. The form is updated by the USCIS periodically, so employers should verify that they are using the current version of the form at the USCIS Form I-9 website.
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the
flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
This temporary guidance was set to expire October 31, 2022. Because of ongoing precautions related to
COVID-19, DHS has extended the Form I-9 flexibilities until July 31, 2023 when the extensions end and normal operations resume.
E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire. Please see COVID-19 webpage for more information of Form I-9. Please also consult ICE’s guidance for clarification on this provision.
Employers are encouraged to begin, at their discretion, the in-person verification of identity and employment eligibility documentation for employees who were hired on or after March 20, 2020, and who presented such documents for remote inspection in reliance on the flexibilities first announced in March 2020. Employers must monitor DHS’s and ICE’s Workforce Enforcement announcements about when the extensions end and normal operations resume.