U.S. Immigration and Customs Enforcement (ICE) announced the temporary flexibilities for Form I-9, employment eligibility verification is coming to an end. These flexibilities started due to the COVID-19 pandemic and allowed for virtual verification of documents to prove employment eligibility. They were initially put into effect in March 2020, with subsequent extensions until March 2021. However, these flexibilities will now come to an end on July 31, 2023. Employers are required to conduct in-person reviews of physical documentation for employees who submitted virtual proof prior to August 30, 2023. If you are an employee who submitted employment verification documents virtually, now is a good time to get those physical documents together to provide to your employer.

Employers are being given an extended timeframe to complete the in-person review of physical documentation. They must also make sure to annotate the Form I-9, Employment Eligibility Verification, for these individuals. Both identity and employment authorization documents should be thoroughly reviewed by the hiring company.

The Department of Homeland Security previously proposed options to allow for some remote review of documentation. However, the Final Rule that may allow for virtual verification hasn’t been finalized. ILBSG continues to monitor updates and provide timely information to our clients.

If you are an employee and have questions regarding U.S. immigration-related requirements for employment, please reach out to ILBSG. Our team of experienced attorneys possesses extensive knowledge and expertise to ensure that our clients receive accurate and appropriate advice.