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How To Update a Form I-9 Completed Remotely During the COVID-19 Flexibilities

Author: Brightmine Editorial Team

During the COVID-19 pandemic, US Immigration and Customs Enforcement (ICE) temporarily suspended the physical presence requirement of the Form I-9 verification process for certain employers. These flexibilities applied until an employee began non-remote employment on "a regular, consistent, or predictable basis," or until the extension of the flexibilities ended, whichever was earlier.

The temporary flexibilities expire on July 31, 2023. By August 30, 2023, an employer performing remote I-9 inspections due to the temporary policy must conduct a physical inspection of original documents and update the Employment Eligibility Verification Form (Form I-9) for an employee hired on or after March 20, 2020, whose I-9 documents were inspected remotely, unless a physical inspection was triggered earlier.

Alternatively, qualified employers that were enrolled in E-Verify during the flexibilities may use an optional remote verification process to satisfy this requirement under certain circumstances.

An employer that conducted virtual employment eligibility verifications during the pandemic should take the following steps to physically inspect identity and employment authorization documents and annotate Form I-9 as soon as possible in anticipation of the August 30 deadline.