The Sun Is Setting on Form I-9 Compliance Flexibilities – Are You Ready?
Highlights
The exemption allowing virtual examination of new remote hires or continuing remote employees will end on July 31, 2023
Employers have until Aug. 30, 2023, to perform all required physical examinations of identity and employment eligibility documents, as COVID-era flexibilities are expiring
In August 2022, DHS issued a proposed rule to potentially provide a permanent remote I-9 option in certain circumstances but has yet to issue a final rule
More than three years after the start of the COVID-19 pandemic, the U.S. Immigration and Customs Enforcement (ICE) announced a return to normal procedures with respect to the Form I-9. On May 4, ICE announced it would provide employers with 30 days following the sunset of the Form I-9 flexibilities to reach compliance.
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