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EliAdvisors

LEGAL UPDATE: DHS to End to I-9 Flexibility

Last month, the Department of Homeland Security (DHS) announced that the COVID-19 temporary flexibilities for Form I-9 Employment Eligibility Verification will end on July 31, 2023. These flexibilities allowed for the remote inspection of identification documents. In response to this announcement, Immigration and Customs Enforcement (ICE) announced that employers must physically examine any documents inspected remotely by August 30, 2023.

For employers with remote workforces, this poses a serious logistical and monetary challenge. The inspection rules state that employers must physically examine, in the employee’s physical presence, the unexpired documents the employee presents. For remote employees, the law has provided three options by which employers can comply with this mandate:

  1. Have all employees travel to an office location for document examination.
  2. Have a company representative travel to each remote employee for document examination.
  3. Elect an authorized representative to perform the document examination on behalf of the company.

Each of these options has various logistical and cost implications, especially if a remote inspection has been utilized and a company has remote employees.

Eli Advisors specializes in assisting employers with remote employees. We are reaching out to all clients to determine the best solution to comply with this update. If you have a scattered workforce and are unsure how to best comply with this law, contact us! We are happy to discuss the options and determine what is best for your business.